The safety and health of employees and that of the members of the public is an essential part of good management. These are individuals who are affected by the employer’s activity in the course of fulfilling their duties. Health and safety issues should always be addressed by the management as a part of the risk management plans within an organization. Organizations that have failed to address the issues of health and safety of employees and members of the public have been engaged in cases that have resulted to failures by leaders. Both the employers and the organizations are assigned some duties by some laws and in case these duties are not performed, the employers and the organizations are answerable. The principles that are laid down are meant to help the organizations to give the best safety and health measures to their employees and the members of the public. This paper will seek to address the issue of the preventive and Protective principles of occupational safety and health legislation.
European Council Directives
The European council defines a number of issues that are related to the health and safety of people working with an organization. The council defines articles which are the machinery, plants, apparatus and equipment that are used by people when performing their duties within an organization. A code of practice on the use of these articles is provided and appropriate training should be given to the employees so that they can use these articles as per the specifications by then manufacturers of the machines. A contract of employment is may be implied or expressed. For the case of the expressed contract of employment, it may be an oral contract of employment or a written contract of employment (John, 1989). A person who works with an organization is called an employee and for any person to be recognized as an employee of a given organization, a contract of employment must be signed between the employee and the employer. The state has the right to assign an agency the duty to enforce the principles. Such an agency is called an enforcement agency. The functions of the managers and the leaders in the organizations are defined by the powers and duties of these members. An improvement plan can be organized by the managers in the organizations and these managers should give an improvement notice to all employees in the organization who will be affected by the plan. Local authorities are allowed to practice their duties and responsibilities within their respective
1 / 7
regions. Any injury that causes damage to the mental health or the physical health of a person is called a personal injury. An individual who works for his profit is called a self-employed person.
Statutes and Regulations
The authority should keep on reviewing the statutes regularly to ensure that they are always updated and they still have an impact on the organizations. If the authority feels that some changes need to be done to the current statutes, it should present to the minister the proposed changes so that they can implemented if they are found fit for the implementation (John, 1989).
The statutes affect both the employers and the employees. The employer is obliged to see to it that the health and safety of all his or her employees is observed to the maximum level possible. Concerning the places of work, the employers are requested to ensure that all the places of work which are under this particular employer are given the necessary maintenance so that the articles in these places do not pose any dangers to the health of the employees (John, 1989). The arrangements in the places of work should be made in such a way that it favors the welfare of the employees in that organization. If need be, the manager can invite a competent individual who will help in addressing the issue of employees’ health and safety. People who are training for experience purposes or so that they are employed by the organization are also referred to as employees of the organization and therefore their safety and health should also be looked at.
For the employee, he or she should carry out his or her work in such a way that he or she takes care of his or her safety and health (Xavier, 2009). The way the employee carries out his or her work should also offer safety on the part of fellow workers who may be affected by his or her deeds. The employee is obliged to offer maximum co-operation to the employer and fellow employees to ensure that the safety of each and every person within that organization is maintained. The manner in which the employee should use any appliances that may be provided for his or her safety and health by the employer should be the most appropriate. In case a machine, plant, place of work, etc. happens to show some defective signs, the employee should report the case with immediate effect so that some thing can be done to ensure his or
2 / 7
her safety and health.
For the importers, manufacturers, designers, and suppliers of articles, they should make sure that any article that has been provided has been tested and examined to ensure that they do not carry potential risks to the safety and health of the employees (John, 1989). These people should also ensure that the receivers of their articles are provided with the adequate information concerning the use of that article and the conditions that favor the use of that article so that the article will not have risks to the safety and health of the employees when it is being used, when disposed, or dismantled. The individuals who install these articles have the obligation of installing the articles in such a way that these articles will be safe to be used by the employees in an organization.
The minister is given the power to authorize persons such as the local authorities to act as the enforcing agencies. The minister before authorizing the enforcing agencies will have to consult with other government ministers so as to come up with competent authorizing agents. The enforcing agency is expected to make all the necessary arrangements so that the statutes are followed without any bending or breakage (John, 1989). The authorizing agency is also responsible for the furnishing of reports and any information that the authority may require.
The enforcing agency on its side has the power to authorize a person to be an inspector in their region of operation so that the whole process of enforcement can be efficient. When the inspector is in the field, he or she may be required to carry his or her authorization certificate to use as a form of identification so that organizations may not deny him or her the opportunity to inspect their articles. The inspector is obliged to enter and inspect any parts of the organization that he or she feels that can be referred to as a place of work. The inspector may even use reasonable force to help him get into a place he or she feels that the statutes are not being
3 / 7
complied with (John, 1989). He or she is also authorized to make certain enquiries in an organization so that he or she can be sure that necessary statutes are being followed. The inspector may also order particular articles to remain undisturbed for investigation purposes until all the investigation has been done.
The inspector may also issue an improvement notice to any of the organizations where he or she feels that some articles need some improvements (Jeffrey, 2000). The inspector gives the reasons as to why he or she is of that opinion. If a notice to make some improvements on some articles is not implemented, the inspector may report that that particular individual has failed to make the necessary improvements on the article and may call for some actions to be taken on this individual. The contents of an improvement notice include the specific requirements that the article may require improvements.
If the actions of a certain individual are likely to cause great risks to the safety and health of other people, the inspector may decide to issue a prohibition notice. The contents of the prohibition notice are that:-the inspector justifies that he or she is for the prohibition notice idea, he or she also explains the reasons as to why he or she feels that the actions will lead to the risk of safety and health deterioration (Benjamin, 2008). The inspector also states that the activities should not be carried out by any individual until the matter in hand is solved. A prohibition notice takes place as per the specifications of the notice. For example, if the probation notice states that the prohibition takes effect immediately when the notice is received, then it has to be the case.
Responsibilities of Directors and Managers
The managers and other leaders should always ensure that employees have a safe access to their places of work. This will ensure the safety of the employees and in the wrong run will result into good health for the employee. The machines should be defined in such a way that they do not pose any risks to the health and safety of the employees. This is mainly ensured by the manufacturers as they design these machines. Also the particular way in which the maintenance of a machine or a plant is provided should not have any risks to the health and safety of the employee (Martin, 2001). The managers should ensure that their employees
4 / 7
receive the proper training and correct information regarding an article. This will help the managers to ensure that the safety and health of his or her employee. Cases may arise where a manager does not have control over the dangers that are there at the place of work. This should encourage the manager to come up with protective clothing for use by employees as they work in these dangerous places. The managers should also ensure that the necessary emergency plans have been reviewed oftenly so that the employees can have a means of escaping any dangers that may arise during accidents. The use of any article or substance in the places of work should not cause any risks to the health of an employee.
The employer should ensure that all his or her activities are carried out in such a way that they do not affect the health and the safety of people who are not his or her employees. This may include people in neighboring homes, neighboring companies, or passers by along his or her organization (Vivian, 2000). This may also cover the disposal of waste materials from the company such that the way that these materials are disposed does not affect the health and safety of the people who are employees and also those who are not. For self-employed individuals, their work should be carried out in such a way that the people who may be affected by the activities of their business are not exposed to risks to their health or safety. This includes himself and other employees if he or she has one. The employer should make an effort in informing the individuals about the activities that take place in his or her organization that may be a risk to their safety and risk.
Civil and Criminal Liability
It is an offence for an individual within an organization to delay the inspector from carrying out the duty that he or she has been allocated by the enforcing authorities. Failure to submit and improvement or to implement an improvement that has been passed is also an offence (John, 1989). It is also an offence to give false information to an inspector during an interview. People who falsely pretend to be inspectors are also guilty of performing an offence and can be taken to a court of law. If an individual dies or suffers as a result of a mistake done by another person in an organization, the person from the organization has committed an offence.
5 / 7
In conclusion, the safety and health of employees is very important and it is the responsibility of each and every individual within an organization to ensure that the safety and health of oneself and that of the other individuals is maintained. The issue of safety and health mostly affects employees because they are the people who closely work with the articles that can cause the associated risks. The European council has defined a number of directives that are relevant to the issue of occupational safety and health of employees. The authority should keep on reviewing statutes so that the safety and health of employees within the organizations may be assured and to ensure that manufacturers of machines come up with standard machines that do not pose any danger either when they are running or when they are disposed. The employee should carry out his or her work in such a way that he or she takes care of his or her safety and health. The importers, manufacturers, designers, and suppliers of articles, they should make sure that any article that has been provided has been tested and examined to ensure that they do not carry potential risks to the safety and health of the employees.
Vivian, R. (2000). Construction Law Handbook. London; Irwin & George, 87-91.
International Labor Office (2006). Promotional framework for occupational safety and health.
London; McMillan Publishers, 54-58.
Martin, M. (2001). Health Policy and European Union Enlargement. Princeton; Princeton University press, 213-218.
Retrieved from http://www.ilo.org/global/What_we_do/Publications/ILOBookstore/Order
Jeffrey, B. (2000). Certification Marks. Oxford; Oxford University Press, 56-59.
6 / 7
. retrieved from http://acts.oireachtas.ie/print/zza7y1989.1.html on 17-09-09.
. Retrieved from http://www.plonegov.org/articles/eu-osha-share-its-open-source-softwa
- Academic Writing
- Case Study
- Critical Thinking
- Education Questions
- Essay Tips
- Essay Writing
- Free Essay Samples
- Free Essay Templates
- Free Essay Topics
- Human Resources
- Problem Solving
- Research Paper
- Review Writing
- Social Issues
- Speech Writing
- Term Paper
- Thesis Writing
- Writing Styles