The Health And Safety Act Essay examples

1892 Words Nov 11th, 2014 8 Pages
(I) One of the machine operators, Aron, suffered serious injuries to his hand when the machine he was working on jammed and pulled his hand into it. It had not been regularly serviced as was required.

It could be assumed that Aron didn’t take due care when handling the machine he was working on however with Theo being his employer Aron was owed a duty of care. The term for this is common law whereby all employers have a duty of care imposed on them to protect their employees. Due to the fact Aron injured himself working on machinery that had not been serviced regularly; Theo didn’t protect his employee with enough attention. There are legislations protecting employees in a workplace. This is the Health And Safety Act 1974 (HSWA) this act ensures that employers must do everything reasonably practicable to provide a safe and healthy workplace with adequate welfare facilities. One of the main obligations of the HSWA 1974 is that employees have to prevent risks, inform staff of risks and combat risks at source. The employer did not meet these obligations as he let Aron work on a machine that had not been serviced regularly which is a risk and he didn’t take the necessary action and precaution to ensure Aron’s safety. It is clear that Theo owes Aron a duty of care as shown in the case of Caparo industries plc v Dickman (1990). In this case the House of Lords set out a threefold test to see if a duty of care arises in negligence. These are:
• Harm must be reasonably foreseeable…

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