Lesson 3 Flashcards
Who is health and safety legislation enforced by?
Health and Safety Executive (HSE)
What 3 main tasks do HSE inspectors have?
- inspect
- investigate
- provide guidance
What 2 ways is guidance given by a HSE inspector?
- proactively, to help employers remain compliant,
- reactively, following a suspected problem with health and safety provision in the workplace, potentially leading to enforcement action.
Where can people report their concerns about health and safety?
HSE
What do HSE inspectors have a legal right to do?
enter a premises and carry out an inspection at any time without prior warning. If no problems are found, such visits cost the business nothing.
What may happen if minor problems emerge on a inspection?
the HSE inspector may serve an improvement notice, which outlines the improvements required and by what date these should be made
What will happen if a law has been broken upon a inspection?
the inspector will issue a formal caution (notification of the offence). If a second incident occurs, legal action will be taken, and the case will have to go to court. In serious breaches, legal action can be taken immediately.
What can happen in serious cases of health and safety breach upon an inspection?
the HSE can issue a prohibition, which prevents the business from continuing the specified work/action until improvements have been made. Prohibitions come into effect immediately.
What must a company pay if an inspector identifies a problem with health and safety?
an intervention fee to the HSE for identifying the problem and helping to solve it.
What will happen if a case progresses to prosecution?
the HSE will claim all expenses related to the inspection process and court proceedings
What are the average fines following a prosecution for breaches of health and safety law?
around £100,000 but can reach several million
What might financial consequences include for poor standards of health and safety?
- repairing or replacing broken equipment
- problems retaining and recruiting new staff resulting in increased costs and lost productivity
- financial loss due to legal fees, increased insurance premiums and fines from the HSE
What are the consequences of poor health and safety standards?
- consequences for employees
- financial consequences
- emotional consequences
- reputational consequences
- social consequences
What may individuals do to the business independently in addition to the HSE?
sue the business
What may compensation claims result in?
loss of money and time for the business
In business, increased stress can impact who?
the owner or manager of the business, workers and their family members and sometimes members of the public
What can stress cause?
mental health problems, anxiety, mood swings, reluctance to go to work, increased risk of accidents and poor levels of motivation.
What can poor health and safety standards becoming public result in?
- bad publicity
- loss of reputation
- loss of customers
- difficulty in attracting new staff
How can poor standards of workplace health and safety negatively impact employees?
- reduced morale and productivity
- increased stress causing mental health and other personal problems
- increased absenteeism
- loss of income due to absences from work or having to change careers
- difficulty getting employment in the future
- physical injuries resulting in time off work
- physical injuries resulting in long-term disablement, or death
What social consequences are there from poor standards of workplace health and safety?
- loss of independence
- reduced social activity
- loss of income/financial stress
- prison time in serious offence cases
What consequences are there for individuals of poor health and safety standards in the workplace?
- reduced morale and productivity
- financial compensation claims
- mental health issues and stress
- damage to personal reputation
- sickness, injuries, death
- social consequences
What are the benefits of complying with health and safety legislation?
- Reduced injuries, illnesses and fatalities.
- Protection of the workforce.
- Improved efficiency.
- Reduced staffing costs.
- Positive impact on emotional wellbeing, resulting in increased staff morale.
- Better maintenance of the working environment.
- Equipment and facilities last longer.
- More efficient work as a result of suitable, well-maintained equipment
