The Gazette 1990

GAZETTE

A PRIL 1990

Safety, Health & Welfare at Work Act 1989

Under Section 12 of the Act, every employer is required, as soon as may be after the coming into operation of the Section, to prepare or cause to be prepared a statement in writing to be known as the "Safety Statement". Section 12 is sxtremely far reaching. A safety statement must be written to suit the circumstances of the particular organisation in which it is to be implemented.

employees co-operate by taking reasonable care for their own safety and that of their working colleagues in both work practices and the use of protective devices provided. General Duties of Employers and Employees under the Act Employers a . prevention of accidents; b. provision of safe place of work; c. provision of safe system of work; d. provision of training and information to employees; e. ensuring that all co-workers are suitably competent. Employees a. taking care of themselves and work mates; b. use of protective equipment provided for their use; c. use of protective systems set out for their use; d. reporting of any dangerous machines or practices to the employer (via line manage- ment); It is the duty of every employee to co-operate with the employer preferably through a Safety Committee. Under the Act it is necessary to appoint a Safety Officer and a Safety Committee. Suggested Sefety Stetement Policy Stetement It is the policy of Bloggs & Bloggs, Solicitors to: — a. safeguard insofar as it is reasonably practical, the health and safety and welfare of all its employees while at work and others on the premises; b. to comply with statutory legislation and codes of practice; The responsibility for imple- menting this policy rests with the Senior Partner, Mr. A. Bloggs. Objective of Sefety Statement The Firm aims to achieve a situation where hygiene, health and

operation required from employees as regards safety, health and welfare; 4. Inclusion of the names and jobs titles of all persons and tasks assigned to them in the Statement; 5. specification of the resources provided to secure the safety, health and welfare of all employees; 6. details regarding the extent to

Why the New Act The common law is insufficient for the provision of health and safety at work in that it does not prevent accidents. It only comes into effect after accidents. Statute law imposes obligations and absolute duties on both the employer and employee. Existing legislation consists of the Factories and Workshops Act 1901, the Factories Act 1955, Shops & Office Premises Acts 1958 and Safety in Industry Act 1980 to name but a few. These however could only cover about 2 0% of the working population. All workers are covered in the Safety, Health and Welfare Act 1989. A few comments are necessary: (a) Under the 1989 Act the Safety Statement requires much more information than the 1980 Act, and covers all employees even the self employed; (b) The purpose of the statement is to help Senior Partners/Managers to redefine objectives in providing safety to all of a firm's employees; (c) Firms are required to improve the safety awareness of employees in order to protect themselves and co-workers; (d) A sound -policy is best achieved when Safety arrange- ments have the full commitment of Senior Management; (e) A Safety Statement must include the following: — 1. identification of hazards and assessments of risks within the workplace; 2. specification of how the safety, health and welfare of employees are to be secured at work; 3. specification of the co-

by Chris Mahon

Director, Professional Services, Law Society

which the safety policy was fulfilled to be included in the company's report (under the Companies Act); 7. information to employees of the contents of the statement or policy; (f) If required the company shall employ a "competent person" to assist or write the Safety Statement. In order to convey the import- ance of the Safety Statement and all its objectives, it must be understood that the Safety State- ment should actually be issued by the Board of Directors/Partners and given full support in a statement. It is desirable that the Chairman or Managing Director or Senior Partner sign the Statement. The Statement should be dated to ensure that it can be updated from time to time. It is vital for the implementation of any Safety Statement that

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