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All employees have an obligation to take reasonable care of their own and their fellow employees' health and safety. Where duties or requirements are imposed on employers, employees are required to cooperate with them to enable the duty or requirement to be carried out. This responsibility is covered under the Health and Safety at Work Act (or Health and Safety at Work (Northern Ireland) Order). In this article, you will find a summary about the Health and Safety at Work Act (or Health and Safety at Work (Northern Ireland) Order).
The Health and Safety at Work Act 1974 (HSWA 1974) (or Health and Safety at Work (Northern Ireland) Order 1978 (HSWO 1978) applies to every type and place of employment. Should an employer breach any of the principal sections of the act, their employee will have the right to take action.
However, where employees work at a workplace not under their employer's control, their employer has no duty under these regulations, but should (as part of his or her general duties under the Health and Safety at Work etc Act 1974 or Health and Safety at Work (Northern Ireland) Order 1978) take any steps necessary to ensure that sanitary conveniences and washing facilities will be available. It may be necessary to make arrangements for the use of facilities already provided on site, or to provide temporary facilities. This applies, for example, to those who employ seasonal agricultural workers to work on someone else's land.
The Health and Safety at Work Act 1974 (or Health and Safety at Work (Northern Ireland) Order 1978) creates a duty upon every employer to ensure so far as is reasonably practical, the health, safety and welfare at work of all employees. It also requires any employer who employs five or more people, to prepare a written statement of their health and safety policy.
A health and safety policy should state the general policy of the organisation and the arrangements for carrying it out. Such a statement must be brought to the employees' attention. A copy of the statement should be put up in an obvious place, such as a notice board. This would be regarded as satisfactory compliance with the regulations. Revisions must be made to the statement wherever necessary and be brought to the attention of all employees.
An employer should also consult their employees on health and safety matters. Recognised trade unions provide regulations for appointing safety representatives among employees. It is the duty of every employer to consult with those appointed in order to make and maintain arrangements to enable effective cooperation. This will promote and help to develop measures to ensure the health and safety of all employees.
It is also important that there is a clear policy in place to deal with persons other than employees, including members of the public. The standard of protection will in most cases be similar to that given to employees but sometimes the standard may be higher. This applies to a person visiting the workplace who has less knowledge than the employees working there of the potential hazards and how to avoid them.
Those who design, manufacture, import or supply any article or substance for use at work, must ensure, so far as is reasonably practical, that it is safe and without risks to health. They must also ensure that the article is suitably tested and examined and that adequate information is given about its use. Those who erect or install articles for use at work must also do safety checks.