1.5 The Scope Duties And Offences Of Employers, Managers, Employees And Others Under The (MHSWR)

Question 1

The information that should be supplied by employers under the Regulations is:

Answer 1

• risks identified by any risk assessments including those notified to the employer by other employers sharing the same workplace
• the preventative and protective measures that are in place
• the emergency arrangements and procedures and the names of those responsible for the implementation of the procedures.

Question 2

Employers’ Duties Employers must:

Answer 2

_ undertake suitable and sufficient written risk assessments when there are five or more employees

• put in place effective arrangements for the planning, organization, control, monitoring and review of health and safety measures in the workplace (including health surveillance).
• Such arrangements should be recorded if there are five or more employees
• employ (to be preferred) or contract competent persons to help them comply with health and safety duties
• develop suitable emergency procedures. Ensure that employees and others are aware of these procedures and can apply them
• provide health and safety information to employees and others, such as other employers, the self-employed and their employees who are sharing the same workplace and parents of child employees or those on work experience
• cooperate in health and safety matters with other employers who share the same workplace
• provide employees with adequate and relevant health and safety training
• provide temporary workers and their contract agency with appropriate health and safety information
• protect new and expectant mothers and young persons from particular risks; under certain circumstances, as outlined in Regulation 6, provide health surveillance for employees.

Question 3

Explain what is meant by:

Reverse burden of proof

Answer 3

This applies to Section 40 of HSWA

• The onus is placed on the accused to prove their innocence
• This can be proven by showing that the relevant ACoPs have been followed
• The accused to demonstrate their innocence on the balance of probabilities.

Question 4

Explain the two categories of compensation awarded to a successful claimant:

Answer 4

General Damages:
For pain and suffering, loss of amenity, loss of future earnings, etc. These amounts are for a court to quantify

Special Damages:
For loss of earnings up to the trial date, travel expenses to hospital, etc. These amounts have to be quantified and proven by the claimant.