Wednesday, 22 February 2023

Legal Reasons for meeting Health and Safety Standards

 Preventive


As the name suggests preventive is nothing but preventing any injuries, ill health, accidents or incidents from occurring. This done by issuing enforcement notices/warning letters to organizations who have not complied with the minimum requirement of health and safety standards in the workplace.

Punitive

Punitive is nothing but giving punishments to the organizations who have not met with the minimum requirements of health and safety standards. Punitive actions are taken as a second step against those organizations who have not complied with the minimum requirements even after enforcement notices or warning letters. And if a mishap(incidents, accidents, injuries or ill health) occurs due to this non compliance then the management or organization faces fines or even jail time. 

Compensatory effects of law

According to the compensatory effects of law if an employee faces an incident, injury, accident or ill-health during the tenure period of his/her contract due to the poor safety standards followed by the company/ organization then that employee is entitled to compensation from the employer and the compensation amount is very large. So the company has to meet with the minimum requirements of the workplace so as to escape from the compensatory effects of law.

Self Regulation

Self Regulation as the name suggests is putting regulations on themselves. This is done by identifying the risks and hazards in the workplace and taking adequate control measures so as to reduce these risks and hazards thus minimizing the number of accidents, injuries, ill health and incidents. By putting restrictions on themselves a company can reduce the number of punitive and preventive actions taken against them by regulatory bodies or law.

ILO Convention 155 and Regulation 164:-

Article 4 of ILO C155, 1981

According to this article every member nation should have a national health and safety policy which has to be prepared, implemented and revised periodically. The main aim of this policy is to reduce the number of incidents, injuries, accidents and ill health.

Article 16 of ILO C155, 1981

According to this article member nations should impose restrictions/ requirements on the employers. And according to these requirements every employer should make sure that:-

  1. All the workplace/ worksites, equipment, machineries and processes which are under their control are safe and does not provide any harm to health.
  2. All the biological, chemical and physical agents under their control are safe and has taken adequate control measures so that they do not pose any harm to health.
  3. The employers must issue adequate PPE to the employees so as to reduce the level of risk to health.

Also UK's Health and Safety at Work Act 1974 (HSWA) reinforces employers "duty of care" .

No comments:

Post a Comment