HSWA

Section 37(1) of the Health and Safety at Work etc. Act 1974

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Section 37(1) of Health and Safety at Work etc. Act 1974

Introduction

Nowadays there has been too much emphasis on providing absolute safety and security of health to the workers in all organizations. This is because of the relevant law that exists and ensures that there is no such practice in the organization or other work location where the safety and health security of the workers could get compromised. Accordingly, the Health and Safety Executive (HSE) also ensures that total health and safety of the workers is ensured. Then, it professes and mandates the use of health and safety systems in the organizations to prevent health and safety hazards in the organization.

Most of the organizations need to have these health and safety systems in place. These are also audited by the authorities, and any lapses are promptly corrected by the organization. Then, these organizations have legal, and other liability to ensure the health and safety of their employees. These concerns about the safety are mostly pertinent for manufacturing organizations as there are more health and safety issues in such places. However, other service organizations might also be faced with health and safety risks and will then have to design their systems accordingly.

The Section 37(1) of Health and Safety at Work etc. Act (HSWA) 1974 ensures that the health and safety of the workers is not compromised. Further, it also puts liability on the organizations which may be responsible for such health and safety lapses. Further, it also includes and inculpates the executives, board members, and other senior members, like secretaries who might have connived to create the circumstances that resulted in the safety incident. Furthermore, it also holds these persons liable individually through penalization which may also include sending them to jail for showing negligence in matters of safety and health of workers.

Health and safety requirements

The purpose of this historical act has been to hold the employers responsible for providing health and safety to their workers. This health and safety also extends to other employees who may be working under the conditions of service in nonmanufacturing organizations. Accordingly, this law requires that the organizations develop a written policy with respect to health and safety of workers. This condition applies to all organizations if they employ five or more people. Further, the law also requires these organizations to plan, monitor, coordinate, measure, improve and otherwise ensure preventative and precautionary measures. These organizations are also required to consult their employees to understand their health and safety risks and concerns. Then they provide the necessary preventative and protecting mechanisms to deal with them effectively.

Furthermore, the organizations are also required to assess the risks that might afflict the customers, partners, and employees of the business. This risk assessment will determine the nature of preventative measures that need to be defined and adopted. Then, they are also required to provide competent health and safety advice to workers. Accordingly, both organizations and individuals are required to comply ...