Health and Safety Legislation

Impact of Health and Safety Legislation on the Role of a Construction Professional



Impact of Health and Safety Legislation on the Role of a Construction Professional

1. Demonstrate knowledge of the principles underpinning health and safety legislation in England and Wales including reference to key statutes and regulations that affect the construction professional

The Regulations are directed at protecting the wellbeing, security and welfare of everyone who carries out construction work. They also give protection to other people who may be influenced by the work. (Zoller 2008 23)

The major duty-holders under these Regulations are employers, the self-employed and those who control the way in which construction work is conveyed out. Employees too have obligations to convey out their own work in a protected way. Also, anyone doing construction work has a obligation to cooperate with others on affairs of wellbeing and security and report any defects to those in control.

2. Comment on the level of personal and corporate responsibility that is placed on a construction professional by health and safety requirements including an appreciation of the extent of any civil and/or criminal liability imposed by the legislation

Any lawless individual liability of the purchaser will in all probability have to be imposed pursuant to section 85 of the Working Environment Act. The lawless individual liability is imposed on the purchaser as proprietor. If the purchaser is a lawful person, for demonstration a foundation, cooperative society or restricted company, lawless individual liability will also have to be considered pursuant to the provisions prepared down in the Penal Code. According to the attenuating components, it will be possible to impose lawless individual liability on the purchaser for non-compliance with these Regulations. (Hughes 2008 4)

First, the Act encourages employers and employees to decrease the number of occupational wellbeing hazards. Initiation by both the employer and employee to strive for security is required for living and new programs to flourish. Second, the Act states that both the employer and employee have responsibilities that are distinct but reliant on each other. Meaning that the employer has the responsibility to make working conditions proper and to educate the employees the correct working procedures. The employees have the responsibility to discover the right way to conduct them and to obey all measures set by their employer. Third, under this Act the Secretary of Labor is ordered to set the measures for occupational security and wellbeing applicable to enterprise ...