This is a simplified question and answer
section on what the employer's duties
are in relation health and safety in the
workplace.
Q. I have heard duties described as
civil and criminal, are they the same?
A. Civil law and criminal law are not
the same. You are most likely to come
across a civil action should an employee
be injured or develop illness related to
work, when a claim for compensation may
happen. Criminal law is when you have a
legal duty to do something, or not to do
something, and fail in that duty. The
result can be prosecution with
subsequent fines and/or imprisonment.
Q. Am I totally responsible for
employees' safety when they are at work?
A. Not totally, many duties are
qualified with the phrase, "so far as is
reasonably practicable", which means
there is a calculation to be made
between how large the risks are and how
much effort needs to be made to remove
or reduce those risks. There is
considerable case law which interprets
many past cases and defines when
employers are responsible for ensuring
employee's safety, and when they are
not.
Q. There seem to be numerous examples of
very old Regulations where only bits and
pieces are still in existence. Are they
still in force and can I still be
prosecuted for not complying with them?
A. Yes; the replacement of old laws is a
slow process but 1996 and 1997 saw much
old legislation replaced, and more will
be removed in the immediate future.
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