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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.
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-
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
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
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
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