What Are the Legal Duties of Employers under the Mhswr 1999
Employers are required to exercise a legal duty of care to conduct a risk assessment before starting work and to ensure that appropriate controls are in place. Employees have additional responsibilities under the Occupational Health and Safety Management Regulations (MHSWR). These include: This includes requiring employees to use machinery, equipment, hazardous substances, conveyances, means of production or safety devices in accordance with the training and instructions provided to them. What is really another way of saying it is to work with employers. You must follow the instructions and training you have received. The occupational health and safety management rules were amended in October 2003 to remove the civil liability exclusions in the 1999 Regulations and to allow: This Regulation sets out the order in which employers should take into account when implementing control measures. You start at the top of the list with something pretty standard to completely avoid risk if possible. For example, is there another way to do the work? If this is not possible, you should review the list of prevention principles. Also known as the Risk Control Hierarchy. It includes the following steps: Employees must be provided with all necessary safety information in an understandable format. Similar appropriate health and safety information must also be provided to temporary and unemployed workers (e.g. entrepreneurs).
Rule 16 – New mothers and pregnant women Employers must consider new mothers and pregnant women when conducting their general risk assessments. Employers must control the risks to a pregnant woman, her unborn child and a new mother. Employers must carry out a risk assessment related to work processes, working conditions and biological or chemical agents. If a significant risk is identified, the employer must take the following measures: 1 – Adjust the employee`s working conditions or hours to eliminate the risk. If this is not possible: 2 – Give the employee another suitable job under the same conditions If this is not possible: 3 – Suspension of the employee on paid leave. Article 19 – Young people Article 19 regulates the health and safety of young people (workers under 18 years of age) and children (persons under compulsory school age). Workers under the age of 18 may be vulnerable due to „lack of experience, lack of awareness of existing or potential risks, or the fact that young people are not yet fully mature“. The regulation lists the hazards to which employees under the age of 18 should not be exposed. This includes work beyond their physical or psychological capabilities, harmful exposure to agents, harmful exposure to radiation, extreme heat or cold, noise or vibration. However, there are certain circumstances in which young people (but not children) may be exposed to the above hazards, such as: if it is necessary for their training, if they are supervised by a competent person, and if exposure has been reduced as little as reasonably possible. Regulations require employers to conduct a risk assessment prior to commencing employment and to ensure that appropriate control measures are taken. Regulatory changes It should be noted that some changes have been made to the management regulations since 1999.
Regulation 22 (Civil Liability) was replaced in 2003, 2006 and 2013 by the Occupational Health and Safety etc. (Civil Liability) Regulations 2013 (exceptions). Sections 27 and 28 of the Occupational Health and Safety Management Regulations, 1999 have been repealed as they refer to other regulations that have been repealed and replaced by more recent regulations. Enforcement and consequences of non-compliance If an HSE inspector visits your company and believes that the company has committed a material breach of health and safety rules, the HSE charges an intervention fee (FFI). The current cost of FFI is £160 per hour. The HSE calculates the time of its inspector for the entire visit and all subsequent visits or clerical work such as writing letters and emails. In the event of serious infringements, the HSE has the power to prosecute criminal proceedings. Many HSE enforcement press releases are employers who do not manage risk. Another consequence of a violation of health and safety laws is that it can have a negative impact on a company`s image. The HSE has an execution register on its website and publishes press releases on recent prosecutions. Negative publicity after a lawsuit can greatly damage a company`s reputation and profitability.
The Occupational Health and Safety Management Regulations, 1999 (MHSWR) require employers to take precautions to control health and safety hazards. At a minimum, you should have the necessary processes and procedures in place to comply with legal requirements, including: While the regulations are largely aimed at employers, they set out certain obligations for employees: We have now covered the general health and safety obligations of all employees.