When working it’s good to know that our employer has a duty of care for an employee, this includes their health, safety, and overall welfare. They are in place for the protection of both employer and employee, should anything happen this gives a structured means to check if everything was done following procedure to protect either party. As an employee, it’s important to understand the duties of care your company should provide should anything happen, this way we can check to see if our company is to blame and follow up with a lawsuit.
General Duties of the Employer
This, simply put, refers to the general day to day business and making sure that each employee can go about their day and conduct any work duties in a safe manner. This includes the building that houses the business, everything must be up to code and a manager must continue to ensure the health and safety of all workers. This also includes managing any risk that might be involved that could potentially lead to a dangerous situation.
If you have an accident at work due to an incompetent manager then it’s best to seek legal advice, the professionals at brookslawgroup.com believe that the employee is important and should be looked after with the respect they deserve, especially after an employer has failed to do so. Filing a lawsuit will prevent that employer from acting against their duty to their staff again and will give you some well-deserved compensation to cover the costs whilst you can’t work. General duties also include the provision of any personal protection equipment when completing work tasks and ensuring the health and welfare of their staff if working with anything deemed hazardous.
Information to Employees
This is regarding any information that is given by the employer to the employee, it must be given in an appropriate form, language, and manner that is going to ensure the employee has understood. This includes information regarding anything hazardous or might pose a risk. Once this has been established a safety representative should be appointed and in the event of an evacuation process, all names must be recorded. That safety representative must have access to the risk assessment and be able to report any accident that may occur in the workplace.
The employer must also provide an employee with the following information before their employment starts:
- Potential risks
- Health surveillance
- Increased risks the job may involve
- Specific qualifications required
It’s an employer’s duty to provide all employees with a training plan and ensure that it is given in a manner that is understood by all. Training should also be given and recorded regarding health and safety, it’s within this time that it should be explained about any way that the employee can help themselves by adhering to a strict health and safety code, for example, wearing protective gloves when handling hazardous material. The employee should understand that when training is given it’s then their responsibility to maintain good practice. If a business evolves to incorporate other tasks then it’s mandatory for a company to provide a new training plan, this is also applicable in the event of a staff member changing roles.
In the event of an emergency or a situation that involves imminent danger, there should be a safety plan in place that every employee should be able to follow. This information should be explained clearly so it’s easy to follow and include sections like the application of first aid, specifically trained staff for that situation, and any meeting points in the case of an emergency like a fire.
If you’re working in a place that houses anything that’s deemed hazardous then it must be identified and written down in a risk assessment. This should be kept up to date and if anything changes then the risk assessment needs to be changed to fit alongside the new information.
All employees should have access to a safety statement regarding anything that’s highlighted in a risk assessment for the company. This is to inform the employee of anything that could go wrong and in the event that something does happen, they should have the necessary information to deal with it. The information that should be stated is the risks that are presented, how to deal with them, and what protective equipment should be used. The duty of each employee should be assigned and any emergency procedure should be rehearsed. Every new employee should be informed of the safety statement and it should only be reviewed if anything changes.
It’s your employer’s duty when working any job that involves risk to ensure your health and safety is being monitored. They should do this by having health surveillance as an offering to their staff and should be detailed in their regulations. It’s also the employee’s requirement to inform their employer if they are unfit to work by means of a registered medical practitioner. If an employee states that they are unable to work then immediate action should be taken to ensure the health, safety, and welfare of that staff member.
Consultation & Participation
This is to ensure that an employer has the correct information from their staff to ensure that the practices in place are meaningful and worthwhile, it’s also in place so anything that is a concern to a workforce can be reported to the employer. This means that an employer has to be in communication with their staff and safety representatives and give them a response in good time.
This is in place to prohibit the penalization of an employee if they are making a complaint or exercising their rights regarding health and safety. If the employee is dismissed due to this then it can be assumed as unfair dismissal. An employer must listen to all concerns over the health, safety, and welfare of their staff.
In regards to an employee’s health, safety, and welfare then there is a lot of legislation to follow for an employer. This is here for the protection of all parties involved, no one wants to come to work and feel like they’re in danger. If something happens when you’re at work then you’re probably within your right to hire a lawyer and try and get some compensation, you should never feel like you can’t talk to your company regarding the safety of your life.