Health and safety laws exist to protect employees not only from risks they may be exposed to by their employers, but also dangers arising from the actions of their colleagues and even themselves. Tony Russell, Partner and Head of Employment at Fraser Brown Solicitors explains what this means for employers.
"The employer has a responsibility to ensure that all staff members receive the correct information and training, both in terms of carrying out their own work and the potential impact their actions may have on others, for example, if an employee leaves boxes in a corridor, or operates machinery unguarded."
"Therefore employers should always make sure that the correct Health and Safety policies are in place and that risk assessments are carried out. In most circumstances these are both easy to implement and could range from a Health and Safety statement in the staff handbook to specific information relating to the work environment."
"We see too many employers avoiding the requirements rather than dealing with them and the consequences of this can be severe – at its worst a criminal conviction for corporate manslaughter. Prosecutions can be brought under various provisions of Health and Safety legislation and the punishments for these have been increasing. Fines of over £100,000 have been much more frequent in recent years and the Health and Safety (Offences) Act 2008, which came into force in January 2009, has made a custodial sentence available as a sentencing option for more offences. A Personal Injury claim can also be brought against the employer for any injury caused as a result of a Health and Safety breach."
"But even if injury of any form is not caused, employers can still fall foul of employment law if they are not careful. An employee is well within their rights to refuse to undertake a task that they believe to be a breach of Health and Safety rules; however there have been instances where this has led to the employee being sacked or made redundant. In these circumstances, employers could find themselves facing charges of unfair dismissal."
"It is therefore vital that employers seek advice and guidance to implement robust Health and Safety policies and procedures.”"
Fraser Brown is a dynamic law practice working at premises in Nottinghamshire through its branches in Nottingham, Radcliffe on Trent and Bingham.
Its philosophy is to deliver superior legal advice through a personal and highly professional service for both commercial and private clients. Since 1990, Fraser Brown has acquired eight established and respected local firms as part of its major growth strategy for doing business in the 21st Century.
Fraser Brown is one of the region's longest established firms of solicitors. Over the last 12 months, it has experienced significant growth in areas such as property, contract work, construction and general litigation.