1. define legal reason in managing health & safety
Answers
Answer:
.Legal
In an ideal world, organizations would all “self-regulate” or “self-police”, so that organizations identified and enforced the most appropriate health and safety standards for their activities. This has several advantages, two of which are that each business is in the best position to regulate its own activities and it would also avoid the need to have a separate (and costly) regulator. Unfortunately, not all organizations are sufficiently motivated or enlightened.
In an ideal world, organizations would all “self-regulate” or “self-police”, so that organizations identified and enforced the most appropriate health and safety standards for their activities. This has several advantages, two of which are that each business is in the best position to regulate its own activities and it would also avoid the need to have a separate (and costly) regulator. Unfortunately, not all organizations are sufficiently motivated or enlightened.Over the years many moral obligations have been turned into health and safety law. For example, the International Labour Organisation’s (ILO) Occupational Safety and Health Convention 1981, C155, identifies some basic general legal duties of employers towards their employees in-
Article 16:-
1. Employers shall be required to ensure that, so far as is reasonably practicable, the workplaces, machinery, equipment and processes under their control are safe and without risk to health.
1. Employers shall be required to ensure that, so far as is reasonably practicable, the workplaces, machinery, equipment and processes under their control are safe and without risk to health.2. Employers shall be required to ensure that, so far as is reasonably practicable, the chemical, physical and biological substances and agents under their control are without risk to health when the appropriate measures of protection are taken.
1. Employers shall be required to ensure that, so far as is reasonably practicable, the workplaces, machinery, equipment and processes under their control are safe and without risk to health.2. Employers shall be required to ensure that, so far as is reasonably practicable, the chemical, physical and biological substances and agents under their control are without risk to health when the appropriate measures of protection are taken.3. Employers shall be required to provide, where necessary, adequate protective clothing and protective equipment to prevent, so far is reasonably practicable, risk of accidents or of adverse effects on health.
There are strong legal reasons for employers to manage risk:-
Preventive – enforcement notices (improvement or prohibition) can be issued by enforcement inspectors.
Preventive – enforcement notices (improvement or prohibition) can be issued by enforcement inspectors.Punitive – where the criminal courts impose fines and imprisonment for breaches of legal These punishments can be given to the company or to individuals within the company.
Preventive – enforcement notices (improvement or prohibition) can be issued by enforcement inspectors.Punitive – where the criminal courts impose fines and imprisonment for breaches of legal These punishments can be given to the company or to individuals within the company.Compensatory – where employees are able to sue in the civil courts for compensation.
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Legal duties
All organisations have management processes or arrangements to deal with payroll, personnel issues, finance and quality control - managing health and safety is no different.
The Management of Health and Safety at Work Regulations (MHSWR) 1999 link to external website require employers to put in place arrangements to control health and safety risks. As a minimum, you should have the processes and procedures required to meet the legal requirements, including:
a written health and safety policy (if you employ five or more people)
assessments of the risks to employees, contractors, customers, partners, and any other people who could be affected by your activities - and record the significant findings in writing (if you employ five or more people). Any risk assessment must be 'suitable and sufficient'
arrangements for the effective planning, organisation, control, monitoring and review of the preventive and protective measures that come from risk assessment
access to competent health and safety advice
providing employees with information about the risks in your workplace and how they are protected
instruction and training for employees in how to deal with the risks
ensuring there is adequate and appropriate supervision in place
consulting with employees about their risks at work and current preventive and protective measures
HSE provides advice and templates on these processes - see our Risk management site for more information.
Risk profiling
Effective leader
Answer:
There are three fundamental reasons for organizations to manage health and safety risk: Moral – as human beings we should feel obliged to look after each other's safety. Legal – there are strict legal obligations imposed on employers and employees relating to the safety of employees and others affected by the business
Explanation:
The moral argument for health & safety
The moral arguments for health and safety relate to ethical and responsible behaviors.
Accidents at work can lead to serious injury, and even death. It’s not morally correct to sacrifice human health for an organisation’s activities.
Therefore the moral argument for health and safety is often the strongest for employees.
Employee rights and expectations
Employees have the right to the provision of a safe place of work. This is implied by the employer’s duty of care. However, there are also expectations placed on employees to exercise reasonable care in their own actions at work.
Employees must therefore behave in a manor which does not jeopardize their own health and safety, or the health and safety of others. This includes co-operating with their employer in the use of safe working practices as provided.
The legal argument for health & safety
Both the employee and the employer have a common law duty of care to each other, and to other employees. Both must exercise reasonable care in order to protect others from the risks of foreseeable injury.
In the UK, the health and safety at work act lays down strict requirements. No-one, except domestic servants, is outside of it’s scope. Employees and employers alike must conform to the act or face the legal consequences.
The arguments for health and safety have never been more apparent.
Society has growing expectations regarding good standards of health and safety.
Organisations must ensure that their activities do not harm their employees, contractors, visitors or the public. They are morally, legally and financially obliged to do so.