40 legal focus Changes to Health & Safety at
Work Act ease employers' burden A welcome change to the Health & Safety at Work Act will mean employers are no longer automatically liable for workplace injuries that have occurred as a result of a breach of health and safety, writes Michelle Di Gioia, associate in the dispute resolution team, Gardner Leader LLP
Employees will now have to prove that the company was negligent before pursuing their case.
Before this change to the law, staff could simply make a personal injury claim against a company without actually having to prove carelessness on the part of the employer, leaving businesses vulnerable to all sorts of claims and legal costs.
This latest change is aimed at addressing a perceived and growing “compensation culture” which causes employers to over implement health and safety requirements and to insist on unnecessarily cautious work practices, both of which increases costs and reduces business growth.
By forcing staff to prove negligence, companies stand a better chance of showing they have complied with their health and safety duties so far as is reasonably practicable. Employers must weigh up the costs of taking steps to minimise risk against how much risk is present.
Perhaps this change will make employees more aware that they too have duties to take reasonable care of themselves and of other people who may be affected by their actions at work.
But employers mustn’t become complacent because of this change of law. To best manage health and safety at work and avoid possible penalties, such as fines and/or imprisonment,
companies are wise to invest time and money in training staff so they’re aware of their own duty of care.
To help keep staff safe at work, businesses should:
• Provide strong leadership and promote a consistent health and safety culture.
• Keep records of all employees’ training and refresher training.
• Consider all risks inherent in the business. Record, communicate, understand and apply them.
• Remember some accidents are simply accidents and are not always evidence of failing systems. Don’t overreact.
• Retain inspection and maintenance records of equipment for a minimum of three years. An incident viewed as a minor occurrence may, over time, give rise to a claim and the records could provide valuable evidence.
• Provide employees with appropriate personal protective equipment.
• Have adequate insurance cover to cover legal costs in defending proceedings.
• Implement a procedure which should be followed as soon as a serious or fatal accident occurs involving an employee or visitor to your premises.
Finally, should the need ever arise, seek legal advice sooner rather than later. Seeking advice at the outset may influence the subsequent course of events.
Details: Michelle Di Gioia 01635-508080
www.gardner-leader.co.uk
www.businessmag.co.uk
THE BUSINESS MAGAZINE – THAMES VALLEY – JUNE 2013
Page 1 |
Page 2 |
Page 3 |
Page 4 |
Page 5 |
Page 6 |
Page 7 |
Page 8 |
Page 9 |
Page 10 |
Page 11 |
Page 12 |
Page 13 |
Page 14 |
Page 15 |
Page 16 |
Page 17 |
Page 18 |
Page 19 |
Page 20 |
Page 21 |
Page 22 |
Page 23 |
Page 24 |
Page 25 |
Page 26 |
Page 27 |
Page 28 |
Page 29 |
Page 30 |
Page 31 |
Page 32 |
Page 33 |
Page 34 |
Page 35 |
Page 36 |
Page 37 |
Page 38 |
Page 39 |
Page 40 |
Page 41 |
Page 42 |
Page 43 |
Page 44 |
Page 45 |
Page 46 |
Page 47 |
Page 48 |
Page 49 |
Page 50 |
Page 51 |
Page 52 |
Page 53 |
Page 54 |
Page 55 |
Page 56 |
Page 57 |
Page 58 |
Page 59 |
Page 60