Legal Requirements for Employers to Ensure Health and Safety in the Workplace

Health and safety requirements are outlined by the Health and Safety at Work Act, 1874. In a century, various laws have been introduced for the worker’s safety. Many of these acts have been introduced for the workplace safety that protects the public. The workplace health and safety are the major issues in the companies these days. The employers are focussed to provide health and safety to their employees. There are certain legal regulations on the employers to provide a healthy and safe environment to their employees. The legal requirements for employers to ensure that their employees have access to health surveillance will be discussed in this report. The discussion will be based on that why health and safety is an important factor for the organisation. The legal, financial, moral and reputational reasons will be discussed and why these factors become important for the employers. The employer who is in charge of a workplace or an area where the public is present has the responsibility to follow health and safety legal requirements.

There are various legal requirements in relation to the health of employees. The various laws employers have to comply while operating the business in the UK and other countries (Ganster and Schaubroeck, 2009).

This act has been enacted by the government of UK to provide safety, health and welfare of the employees who work in a workplace. It states that the practicability of the workplace should be safe and shall be risk-free. There must be proper supervision of the employers over the employees. This act states that employees must have access to provide with safety and health. The company should have provided with basic needs that must be provided to safety and health issues. If the employer does not abide by laws, which have been stated in the Act can give rise to criminal prosecution (Ganster and Schaubroeck, 2009).

The factories act has been enacted by the parliament of the United Kingdom. This act has its own importance in relation to the industrial hazards for example industrial noise that has an effect on the employees (Ameri, et al, 2018).

In Baker v Quantum clothing, Meridian Ltd and Pretty Polly Ltd [2009] EWCA Civ 499 case, two employees have become deaf and the liability has been arising on the employer. It is because noise in the workplace is above the minimum level as stated in the Act. If the employee has been exposed to noise of 85 dB(A) suffers deafness. The noise was above this level and therefore the employee has been suffered from deafness (Ameri, et al, 2018).

Importance of Workplace Health and Safety Regulations in Various Countries

This act is an act that has been enacted by the government of the United Kingdom. This act has been enacted to enforce the maximum penalties on the employer for the breach of duties. The employer has to provide safety and health to the employees. The employer if failed it has led to the damages to employees than employer will be liable for the damages (Ganster and Schaubroeck, 2009).

This act has been established by the parliament of the United Kingdom that has been established to provide the extended protection that has been given in the Factories Act, 1962. The act states that the breach of the residual provisions that is still a crime that is punishable under the summary conviction. The damage that has caused to the employee under this act will lead to a civil liability on the employer. This act includes the overcrowding, ventilation, cleanliness, temperature, lighting, sanitary conveniences, eating facilities, washing facilities (Ganster and Schaubroeck, 2009).

In Singapore, there are various laws such as Workplace Safety and Health Act 2009 that are enacted by the government of Singapore. The act has been introduced some key principles that include in the reduction of risk at source, increased ownership of occupational safety and health of employees standards and health. This act provides the safety that covers both physical and physiological health. It also includes the accidents that occur while doing the job in the workplace (Ganster and Schaubroeck, 2009).

In USA there have been various laws that have been established for the employees are the reason for the establishment of the laws that is required to be followed by the employer. The Occupational Safety & Health Act 1970 has been introduced by the government of the USA that covers both private and public employees. This Act has been introduced to introduce a compulsion on the employer’s to maintain the health conditions for the employees. The workplace should be free from serious hazardous (Ganster and Schaubroeck, 2009).

The companies these days are focussed to provide health measures in the organisation because it is both benefits for the employer and the employee. If the employers are supportive to their employees in relation to the Psychological and mental health things and must respond appropriately as needed. The most important factor for an organisation is to protect against traumatic stressors at work. Employees if feel physiological supported than they have better attached to the work and commitment. They will feel more satisfied with their job and it will increase the productivity of the work. The employees if not been satisfied then it can lead to increased absenteeism, lead to conflicts, withdrawal behaviours. The employer will lose its productivity and the cost will increase that can affect the organisation economic conditions (Baranik, et al, 2017).

Importance of Taking Care of Physical, Psychological, and Financial Wellbeing of Employees

There are certain disputes that shall have arisen due to different cultures, the certain small thing that lead to big problems or disputes between employees that lead to the organisation productivity. Sometimes it does not the only effect on few employees but has an effect on the environment of the workplace.

The organisations must focus on the employee engagement programs in the workplace to create a familiar environment in the workplace either it can have an adverse effect on the organisations. The government has therefore implemented many policies in relation to promote healthcare facilities in the organisation that has been implemented in the organisation (Capella, et al, 2014).

There are also legal, financial, reputational moral duties towards the employee of an employer that are:

Health becomes an important focus point on the companies that are required by employers to follow in their organisation. In these, some requirements are basic and must be followed by organisations, for example, first aid supplies, fire safety measures.  The employers have the responsibility that the employees of the organisation well-being are catered for. The employers must examine whether their employees have been free from physical injuries and some organisation also take care of the emotional well-being of their employees. It means whether their employees have been well rested. The employees are responsible that they warn their employers about their health condition that can affect their well-being. In some workplaces, it becomes necessary to have unique health and safety legal requirements (Zheng, et al, 2015).

Many of the companies recognise their employees as their important assets. In the ageing workforce where the employee’s well-being and health are not been considered by the organisation as an important factor. An employer who is a forward thinker will consider employees as the heartbreak of the company that helps the organisation business to grow. Therefore, it is required for the employer that the right healthcare benefits scheme is an important part of your workplace health strategy. The employer has the duty that they must ensure their employees from any damages that can occur to him. The companies must take care of their health and other health-related benefits. The companies must also provide their employees such as medical benefits, insurance benefits. Employers are now realising that the employee is not only affected by the physical health but financial health as well. The employer is now implementing the wellness programs for the employee wealth and that can also in improving the employee bottom line. Due to high stress for the work the employees are suffering from financial stress (Ganster and Schaubroeck, 2009).

Adverse Effects of Neglecting Health and Safety Regulations

The employer has the moral and ethical duty towards the employee. They have the duty of care towards the employee that means the employer must take steps that are reasonably possible to ensure the health, safety and wellbeing. The employer’s concern over the physical and mental health of your workers should not be seen as a legal duty but it is also said to be the clear business case. The employer can create a trust and reinforce their commitment to the employees (Temple, et al, 2016).

It can be said legally that employers must abide by relevant Health and Safety and Employment Law and also by the common law that states duty of care towards employees. The employers have the moral and ethical duty that they do not cause physical or psychological injury that must fulfil their responsibilities that is regard to personal injury and negligence claims (Temple, et al, 2016).

The reputation is an important part of any business organisation. It is hard to make a brand in the market but it is tough to maintain that reputation. The employees are part of an organisation and the organisation has the duty to provide them with a safe and healthy environment. The company is focussed on the various incidents that happen in the workplace can affect the business reputation. The workplace incident can be divesting for the employees but it can damage the business reputation also. These days due to the improved technology such as cameras everywhere, mobile phones and due to incidents in the workplace are covered very fast that can devastate the reputation of the company. Therefore, it is required that the employer must provide proper safety measures for the companies. An organisation to reduce the cost put employees into hazardous work without any safety measures and that can lead to accidents. The organisation, therefore, suffered a huge loss to save a few amounts. There are many organisations who have faced a huge criticism for not providing safety measures to the company development programs. The companies can face legal, moral and social effects on the organisations that have faced the organisations (Ogbonnaya, et al, 2017).

Conclusion:

It has been analysed from the report that in today’s world the value of employees has been increased due to various reasons. It has also been analysed that if the employees will be provided with a safe and healthy environment it is not only good for employees but also for the employer. The employer has various legal obligations to provide health and safety to the employees. The employer if failed to meet the requirement then he can be held liable under many laws that have been enacted for the protection of employees. It can be said that the employer does not have only the legal duty but also the moral, financial, reputational duty towards the employee. The companies must focus on the employees that are required to be followed by the company. If an employer does not provide proper health facilities to employees, any accidents occur in the workplace that it not only will be devastating for the employee but also for the employer. Therefore it can be said that the health and safety of the employees if both beneficial for employer and employee.

References:

Ameri, M., Schur, L., Adya, M., Bentley, F.S., McKay, P. and Kruse, D. (2018) The disability employment puzzle: A field experiment on employer hiring behaviour. ILR Review, 71(2), pp.329-364.

Baker v Quantum clothing, Meridian Ltd and Pretty Polly Ltd [2009] EWCA Civ 499

Baranik, L.E., Wang, M., Gong, Y. and Shi, J. (2017) ” Customer mistreatment, employee health, and job performance: Cognitive rumination and social sharing as mediating mechanisms”: Corrigendum.

Capella McDonnall, M., O’Mally, J. and Crudden, A. (2014) Employer Knowledge of and Attitudes Toward Employees Who Are Blind or Visually Impaired. Journal of Visual Impairment & Blindness, 108(3).

Factories Act, 1961

Ganster, D.C. and Schaubroeck, J. (2009) Work stress and employee health. Journal of management, 17(2), pp.235-271.

Health and Safety (Offences) Act 2008

Health and Safety at Work Act etc. 1974

Occupational Safety & Heath Act 1970

Offices, Shops and Railway Premises Act 1963

Ogbonnaya, C., Daniels, K., Connolly, S. and van Veldhoven, M. (2017) Integrated and isolated impact of high-performance work practices on employee health and well-being: A comparative study. Journal of occupational health psychology, 22(1), p.98.

Temple, L., Gill, P., Mesagno, C., O’Brien, B. and Montgomery, C. (2016) Outcomes from the city of Ballarat employee health and wellbeing program. European Health Psychologist, 18(S), p.724.

Workplace Safety and Health Act 2009

Zheng, C., Molineux, J., Mirshekary, S. and Scarparo, S. (2015) Developing individual and organisational work-life balance strategies to improve employee health and wellbeing. Employee Relations, 37(3), pp.354-379.