Employers Obligations for Employee Health and Safety

Employers Obligations for Employee Health and Safety To what extent is the employer obliged to exercise care for the health and safety of the employee while performing his or her duties? Is the current position in this regard satisfactory? Introduction The obligations of the employer for health and safety have undergone an interesting development on both the common law and statutory sides of legal regulation. This paper will examine the current extent of obligations for employers towards the health and safety of their employees while they are carrying out their work duties. This current position will then be analysed in order to determine whether it is satisfactory. A. Current Health and Safety Obligations of the employer to the employee 1.The Common Law The common law duty of care[1] translates into an implied term of the contract and in the case of Wilsons and Clyde Coal Co v English[2] the House of Lords identified three key areas in which this implied duty lies: (a)Competent Staff An employer will be liable if they do not provide their employees with sufficient training. This occurred in Hawkins v Ross Castings Ltd[3] where an employee sustained an injury as a result of a spillage of molten metal at the fault of a seventeen year old colleague who possessed only a rudimentary standard of English. Another facet to the heading of competent staff is the actual behaviour of the employees whereby, acts of mischief or ‘larking around’ can be of a particular danger as occurred in Hudson v Ridge Manufacturing Co Ltd.[4] (b) Safe Plant and Equipment An employer is obliged to provide safe equipment and this even applies where there was no knowledge of there being a fault. This is a departure from the traditional common law perspective but is not a new measure as it into effect with the passing of the Employer’s Liability (Defective Equipment) Act of 1969. Here all faults in equipment to be attributable to the employer where a third party has been negligent and in order to meet the financial needs of this obligation, insurance is obligatory for such actions in accordance with the Employer’s Liability (Compulsory Insurance) Act 1969. In the interests of fairness, the employer and/or the insurance company can then sue the manufacturer. (c) Safe System of Work This obligation is twofold whereby the employer must, firstly, tell the employees of the location of safety equipment[5] and secondly, the employer has the right to assume that the employee possesses a degree of common sense with the result that there is no obligation to warn of dangers that are obvious such as the hitting of an unexploded bomb with a hammer[6] or running in the corridor to obtain lunch.[7] This highlights the fact that the employer must find a balance between the obvious and the not so obvious safety measures where there would be an obligation to inform the employee of risks and the proper procedures. Employees may make a decision not to take certain precautions, but if the risk is obvious, their employer will not be liable[8], however despite any conscious choice on the part of the employee, a risk that is not obvious will always rest with the employer[9]. This standard is ideal as it rightly presupposes the authority of the employer and their superior knowledge bu t at the same time, also acknowledges personal autonomy of employees for which the employer should not be held liable. A further and more recent application of the safe system of work is that the employer must refrain from requiring that the employee work excessively long hours[10] and cause unnecessary levels of stress[11] that arise on account of insufficient staffing and the even more serious occurrence of bullying in the work place.[12] This gave rise to an innovation in liability for the psychological injury that employees could sustain and in this era of greater pressure in the work place, it would have been a far more applicable head of claim to a greater number of employees than that of the traditional doctrine of liability for physical injury alone. However two recent cases on this matter gave rise first of all, limitation and then outright exclusion of heads of claim concerning stress in the work place. The earlier limitation arose in Sutherland v Hatton[13] in which it was held by the Court of Appeal that there had to be ‘plain indications of impending harm’ that would arise f rom the stress. This is part of a traditional acceptance that there has to be a balance between the likelihood of the injury occurring and the cost to the employer of protecting his employees.[14] In the latter case of Barber (Appellant) v. Somerset County Council (Respondents)[15] involved a teacher suffering from stress and the House of Lords rejected the notion of an employer’s duty of care. Lord Scott of Foscote stated that: â€Å"The school is entitled to expect, also, that the teacher, an adult, will take his own decisions as to whether he needs to consult his doctor and will, if so advised by his doctor, take time off†¦[16]† (d) Safe Place of Work Since the decision of the Wilsons and Clyde Coal Co case, there is a fourth area to which the applied duty of care is attributable and this is the provision of a safe place of work. There are three key areas where the employer must exercise a reasonable standard of care. This constituted the obligation to provide an adequate reporting system.[17] More recently, this has the potential to extend to instances of long term injury such as passive smoking as it was established that employees have a right not to work in a smoky environment in Waltons and Morse v Dorrington[18] and this would constitute a step in the right direction. A question now arises as to how far this duty ought to extend. 2.Statutory Duties The Health and Safety at Work Act 1974 is the key legislative authority for the obligations of employers to their employees and its aim is twofold. 1. The provision of a general duty of care In the first place the 1974 Act sets out the general duties that are applicable to the entire employment spectrum and this standard is found in s 2(1) of the 1974 Act, which is as follows: â€Å"It shall be the duty of every employer to ensure, so far as is reasonably practicable, the health, safety and welfare of all his employees.† Further to this there are also more specific obligations laid throughout s 2 of the Act, which encompass ‘the provision and maintenance of plant and systems of work so that they are safe and without risk to health’.[19] There is also provision on, ‘the handling, storage and transport of articles and substances[20]’ as well as, ‘provision of information, instructions, training and supervision.[21]’ Finally s 2 of the 1974 Act also has provision on: â€Å"The maintenance of places of work under the employer’s control in a safe condition with safe and risk free means of access and egress.[22]† and â€Å"The provision and maintenance of a safe, risk-free working environment with adequate welfare facilities and arrangements.[23]† The crucial element of these provisions is that the standard of care stipulated is for the employer to act is, ‘as far as is reasonably practicable.’ This standard carries with it the obligation for employers to do everything reasonable that would ensure safety and the provisions go far to show that this encompasses many fields such as training, inspections and the availability of safety equipment. The emphasis of the Robens Report was therefore largely met with there being a statutory framework that requires employers to actively think about the measures they are taking. 2. Provision of a unified system of enforcement by the Health and Safety Executive and the various local authorities. The second aim of the 1974 Act is as a system of enforcement and this is largely carried out by the Health and Safety inspectorate but paradoxically, no one can, in accordance with s 47 of the 1974 Act, raise a civil action under the duties imposed by the 1974 Act. While this results in a fundamental questioning of the usefulness of the 1974 Act, it does highlight the fact that this legislation is exclusively an Act for professional enforceability. The rights of recourse for employees are therefore in accordance with the standard duties of care that are found under the law of tort.[24] More specifically, actions can be raised in relation to industrial accidents, personal injury, injuries arising out of the course of employment and some statutory obligations. However, it is the Act itself that specifics the standard of care to be adopted by employers when their employees are carrying out their employment duties. In addition, the 1974 Act creates a premise for criminal liability, which of course carries higher penalties as well as an employer’s burden of proof, as opposed to the burden of the plaintiff in civil actions. 2. Interpretation of the standard of care of the 1974 Act in case law Interpretation of the standard under case law is essentially analysis of the way in which the courts have dealt with the crucial phrase, ‘so far as is reasonably practicable.’ Case law shows that the reasonable practicability of a given situation can cover areas such as financial viability of the health and safety measure as against the risk of injury. This is similar to the balance that requires to be sought under the common law, with the equivalent 1974 Act case being that of Associated Diaries v Hartley.[25] Here an employee sustained an injury as a result of a truck going over his foot. The safety shoes would have cost him  £1 per week but decided not to use them and his argument that they should have been provided for free failed on account of the fact that they would have cost the employer  £20,000. This balance is perfectly sound but the 1974 Act is not equipped to deal with instances of stress at work on account of the fact that civil actions cannot be raised via its provisions. B. Is this position satisfactory? 1. Possible faults with the common law It is extremely disappointing that the House of Lords has rejected the concept of a duty of care for stress as there is a great deal that employers can do to relieve stress levels and, as with the balance that has been achieved between the cost of health and safety and the likelihood of injury, the equivalent would be more than approachable for stress situations. This does not bode well for other types of innovations such as The common law does however acknowledge that a duty of care also extends beyond the work place where the employee continues to act within their duties of employment. This is seen in the case of King v Smith and Another[26] where, in the event of inadequate on-site facilities, it is up to the employer to find a suitable solution. 2. Faults with the 1974 Act The current issue with the current Health and Safety legislation is that it is becoming outdated and is much in need of reform in order to cope with new kinds of dangers that were not such a going concern in 1974. This specifically refers to the ever increasing circumstances of stress related injury that would be wholly out-with the competence of the Health and Safety Inspectorate. However as a result of Barber v Somerset County Council, such an argument would not hold strength unless the legislative were to decide to override the common law doctrine and create a statutory obligation for employers against employee stress. Conclusion Both the common law and the statutory framework are equally satisfactory in terms of their ability to tackle cases of negligence where there has been physical injury caused to the employee on account of the negligence of the employer. However, the express exclusion of liability for stress, as well as the impracticability of the Health and Safety inspectorate to even attempt to assist in safeguarding against stress is a concern of great magnitude. The conclusion of Lord Foscote in the case of Barber v Somerset County Council was wrong as the question of choosing to be a teacher or a doctor is an overly romanticised image of a pic’ n mix employee’s market with readily available jobs. Further to this, it should never become an accepted condition of our society that unhealthy stress should be an integral to working life for which there can be no legal recourse. Bibliography Legislation Health and Safety at Work Act 1974 Case Law Donoghue v Stevenson [1932] AC 562 Wilsons and Clyde Coal Co v English [1938] AC 57 Hawkins v Ross Castings Ltd [1970] 1 All ER 180 Hudson v Ridge Manufacturing Co Ltd [1957] 2 QB 348 Finch v Telegraph Construction Maintenance Co Ltd [1949] 1 All ER 452 O’Reilly v National Rail [1966] 1 All ER 499 Lazarus v Firestone Tyre and Rubber Co Ltd (1963) The Times 2 May Qualcast (Wolverhampton) Ltd v Haynes [1959] AC 743 Berry v Stone Maganese Marine Ltd (1971) 12 KIR 13 Johnstone v Bloombury Area Health Authority [1991] ICR 269 Walker v Northumberland County Council [1995] IRLR 35 Ratcliffe v Dorset County Council [1978] IRLR 191. Waters v Commissioner for the Police of the Metropolis [2000] IRLR 720 Sutherland v Hatton [2002] EWCA Civ 76 Stokes v Guest, Keen Nettleford (Bolts Nuts) Ltd [1968] 1 WLR 1776 Barber v Somerset County Council [2004] UKHL 13 Franklin v Edmonton Corporation (1966) 109 SJ 876 Waltons and Morse v Dorrington [1997] IRLR 488 Associated Diaries v Hartley [1979] IRLR 171 King v Smith and Another (1994) The Times 3 November. General Cleaning Contractors v Christmas [1953] AC 180 Text Book Publications D.Brodie, â€Å"Health and Safety† (Oxford University Press, 2004) H.Collins, K.D.Ewing A.McColgan, ‘Labour Law:Text and Materials (Oxford: Hart Publishing, 2001) Smith and Woods ‘Industrial Law’ (Butterworths, 8th edn, 2003) R.W.Painter and A.Holmes, Cases and Materials on Employment Law, (Oxford University Press 5th edition, 2004) Articles D Brodie ‘Trust and Confidence and Barber v Somerset County Council: Some further Questions’ (224) 33 ILJ 261 1 Footnotes [1] Donoghue v Stevenson [1932] AC 562 [2] [1938] AC 57 [3] [1970] 1 All ER 180 [4] [1957] 2 QB 348 [5] See Finch v Telegraph Construction Maintenance Co Ltd [1949] 1 All ER 452 [6] O’Reilly v National Rail [1966] 1 All ER 499 [7] Lazarus v Firestone Tyre and Rubber Co Ltd (1963) The Times 2 May [8] See Qualcast (Wolverhampton) Ltd v Haynes [1959] AC 743 [9] See Berry v Stone Maganese Marine Ltd (1971) 12 KIR 13 [10] Johnstone v Bloombury Area Health Authority [1991] ICR 269 [11] Walker v Northumberland County Council [1995] IRLR 35 [12] See Ratcliffe v Dorset County Council [1978] IRLR 191. See also Waters v Commissioner for the Police of the Metropolis [2000] IRLR 720, which involved tormenting within the police force after the failure to take seriously an allegation of sexual assault. [13] [2002] EWCA Civ 76 [14] For an in depth analysis of this balance, see Stokes v Guest, Keen Nettleford (Bolts Nuts) Ltd [1968] 1 WLR 1776 per Swanwick J at pp 1779-1783 [15] [2004] UKHL 13. For commentary see D Brodie ‘Trust and Confidence and Barber v Somerset County Council: Some further Questions’ (224) 33 ILJ 261 [16] ibid per Lord Foscote at paragraph 14 [17] Franklin v Edmonton Corporation (1966) 109 SJ 876 [18] [1997] IRLR 488 [19] 1974 Act s 2(2)(a) [20] 1974 Act s 2(2)(b) [21] 1974 Act s 2(2)(c) [22] 1974 Act s 2(2)(d) [23] 1974 Act s 2(2)(e) [24] For the birth of the neighbour principle, see Donoghue v Stevenson [1932] AC 562. [25] [1979] IRLR 171 [26] (1994) The Times 3 November. This case followed the older case of General Cleaning Contractors v Christmas [1953] AC 180

A White Heron Essay

Comment on how the author makes Sylvia a very special character Sylvia, the main character in Sarah Orne Jewett’s ‘A White Heron’, was a very special character. She gave up money, and gave up her love to a man in order to protect the nature. Through these actions readers can understand why Sylvia was special. Sylvia was a very special character by giving up a chance to earn money from the man. The man that Sylvia met was a collector who hunted birds and stuffed them. He met Sylvia and wanted Sylvia to give him shelter for the night. After knowing that Sylvia knew the forest very well, the man wanted to offer Sylvia ten dollars to show him where the White Heron was. At the time ten dollars could buy many things, but she refused to accept the ten dollars to protect the white heron, thus showing her care of nature by rejecting the temptation of money. Another example of Sylvia as a very special character was her willingness in giving up the chance to follow and love the men she liked. Sylvia was a very shy girl who didn’t like to talk to people and had left the cities for the countryside. The collector had proved to Sylvia that he was very kind and generous. Because of this Sylvia watched the guy with loving admirations because she had never seen anyone so charming and delightful. Through the description of how Sylvia thought about the collector, readers can tell that Sylvia liked him and ‘wanted to serve him and follow him and love him as a dog loves its master’. However, after seeing how amazing the White Heron was, Sylvia decided to protect the bird and gave up the chance of telling how she felt about the collector, which makes Sylvia very different from most children at her age. Most people would not give up their love, and would not care if a wild creature would get killed and collected. Therefore, Sylvia was a special character. What made Sylvia most special was that she loved nature so deeply. The people in Sylvia’s time did not have the sense of protecting nature, but Sylvia was not one of those people. This is shown though the description at the start of the story where Sylvia is described as ‘a child who loved the out-of-doors so much’, and decided that the woods ‘is a lovely place to live, I’ll never want to return to the city’. Sylvia loved the countryside and the forests. Also, she was very close with the animals in the forest. ‘She knew every foot of the ground in the woods as well as the wild creatures that live there. Squirrels come and eat from her hand and birds too, thus the fact that Sylvia felt at home in the countryside and in the woods makes her a very special character. Throughout the story ‘A White Heron’, Sylvia is depicted as a very special character. This is shown through her determination not to see the White Heron harmed. She gave up the chance to earn money and to love someone just to conserve the nature, to which the heron belonged. A White Heron Essay â€Å"A White Heron† by Sarah Orne Jewett tells the story of a young girl named Sylvia who has to make the difficult decision whether or not to tell a hunter where a very rare bird is living. Sylvia lives with her grandmother, Mrs. Tilley, out in the country. Daily she takes out her grandmother’s cow, Mistress Molly, to eat grass. One day on her way back home, she encounters a man in the woods who informs her he is lost and would like a place to stay. Mrs. Tilley allows him to stay, and while they all get acquainted, the young man explains he’s an ornithologist searching for a very rare bird, a white heron. He will pay ten dollars to whoever can help him find the bird. Sylvia and the man search, but constantly turn up empty handed. One night she decides to climb a tree where she believes the heron might be. She spots the bird and goes home to inform the man. Although Sylvia later regrets this decision, she has a change of heart and says nothing about finding the bird. He eventually leaves without the bird or knowledge of where it’s hiding. Jewett shows how making a life or death decision is always a hard choice to make. The title of the story, â€Å"A White Heron†, implies that it will be an important symbol. A white heron is a contextual symbol as it can mean different things to different people. In this specific story it symbolizes life and the hunter symbolizes death. If Sylvia gives away the secret of where the heron is hiding, she will essentially give up his life to the hunter. He will be killed. She stands her ground and doesn’t let him know where the heron is although she knows that if she did, she would get a remarkable reward. The heron is a physical symbol since it can be touched. It is shown many times throughout the story, â€Å"She remembers how the white heron came flying through the golden air and how they watched the sea and the morning together, and Sylvia cannot speak; she cannot tell the heron’s secret and give its life away† (628). She feels as though she is one of them and they have had a special moment. The heron is also used as a visual symbol in this story. â€Å"The birds sang louder and louder. At last the sun came up bewilderingly bright. Sylvia could see the white sails of ships out at sea, and the clouds that were purple and rose-colored and yellow at first began to fade away† (627). There is an image painted out for the reader to see what Sylvia is seeing. Jewett uses imagery to help point out a connection between two irrelevant thing, Sylvia and the white heron. There are many similes throughout the whole story, â€Å"Sylvia began with utmost bravery to mount to the top of it, with tingling eager blood coursing the channels of her whole frame, with her bare feet and fingers, that pinched and held like bird’s claws to the monstrous ladder reaching up, almost to the sky itself† (627). And in a different instance: â€Å"Now look down again, Sylvia, where the green marsh is set among the shining birches and dark hemlocks; there where you saw the white heron once you will see him again; look look! White spot of him like a single floating feather comes up from the dead hemlock and grows larger, and rises, and comes close at last, and goes by the landmark pine with steady sweep of wing and outstretched slender neck and crested head† (628). The use of the heron as a symbol of life and the hunter as a symbol of death really shows a contrast between good and evil. It isn’t about the money for Sylvia. It’s about doing the right thing and making the decision she felt was the correct one.

The True Meaning of Topics to Write about in an Argumentative Essay

The True Meaning of Topics to Write about in an Argumentative Essay How to Get Started with Topics to Write about in an Argumentative Essay? Do not be hesitant to bookmark this write-up to receive back to it whenever you will need assistance. Thus, you can ask all the essential questions and consult on some points. It's important to select debatable argumentative essay topics as you need opposing points you can counter to your own points. Keep reading to discover some helpful suggestions, hints, and tactics. For instance, in college, you might be requested to compose a paper from the opposing viewpoint. Besides general knowledge you have concerning this issue, you won't mind dedicating some opportunity to research, writing procedure, and other aspects essential for the high-quality essay. To compose a strong argumentative essay, students should start by familiarizing themselves with a number of the common, and frequently conflicting, positions on the research topic so they c an write an educated paper. We're sure you have sufficient theoretical knowledge by now. Whenever you choose to ask us for expert help, don't hesitate to speak to our support managers. Our crew of professional writers with the essential experience and writing skills is always prepared to fulfill your demands and exceed your expectations. Advertising and the media are now nearly inseparable from society for a whole. A Real Estate company unlike any other centered on the mission of constructing a network of career-minded pros who strive to cultivate their small business and their future. There's, naturally, a limit on the range of pages even our finest writers can produce with a pressing deadline, but usually, we can satisfy all the clients seeking urgent assistance. That's why our essay writers are here in order to give assistance 24 hours per day, 7 days every week. Show no indication of doubts, even if you're not quite frankly sure your evidence is sufficient. Students l ead busy lives and frequently forget about an approaching deadline. In choosing your topic, it's frequently a good notion to start with a subject which you already have some familiarity with. Deciding upon an emotional topic is also an excellent idea. With planning, you'll be in a position to start with whatever portion of the essay is easiest for you, without having to struggle over the debut, as an example, if you know this part is very difficult for you. An essay on criticism is just one of the very first significant poems written by the english writer alexander pope 16881744 it's written in a form of rhyming verse called. The Topics to Write about in an Argumentative Essay Trap You'll wind up lost without having the capability to make an argument and develop it correctly. Getting in a position to compose a strong argument can help you succeed in society. Thus, let's take a close look at this matter. When you are requested to select a great topic for your argument, star t with something you're familiarized with. State that one maynot utilize hate speech because it's a violation of human rights. To me, it's the unconstitutional regulation and banning of guns to try and keep the crime rates within this country down. What exactly does it mean to be an actual man. Some gun laws are okay and they can work to a point, but not to the amount that was intended. The One Thing to Do for Topics to Write about in an Argumentative Essay An argumentative essay is a certain sort of academic writing. Or in case you have already composed an argumentative essay outline but aren't sure whether you did it correctly, we are here in order to help you too. Students often discover that the majority of their work on those essays is done before they even begin writing. We understand how to write a great custom-written argumentative essay that will fulfill your requirements and will get you the grade you desire. The cost of an essay depends upon the total amount of effort the writer has to exert. If you decide to be a self-employed essay writer, you can expect the exact same. Importantly, you ought to think about how to compose argumentative essay introduction and help it become effective. Researching the topic will permit you to find out more about what fascinates you, and should you pick something you truly like, writing the essay will be more enjoyable. The Unexpected Truth About Topics to Write about in an Argumentative Essay Still, if you prefer your paper to hit the bulls-eye and adjust the way that your reader thinks, you want a few tactics. Your audience should know just what the writer is going to debate and why. There's no limit when it regards these contemporary problems that are often ignored in many regions of mass media. Citations and extracts from assorted sources have to be formatted properly. Even if you're a specialist in a particular field, don't be afraid to use and cite external sources. Do that by using strong evidence.

Essay about The American Dream in Death of a Salesman

Arthur Miller’s ‘Death of a Salesman’ is an examination of American life and consumerism. It relates the story of a common man who portrays this lifestyle. Other issues explored in the play include: materialism, procrastination and alienation. The play was set in 1948, in a time where The American Dream was highly regarded, despite the Depression. The American Dream was a belief that emerged in the later half of the nineteenth century, that if you work hard you will achieve success and prosperity. The American Dream affects our view of Willy Loman as a tragic hero because he is convinced that the way to achieve a better life is by living the American Dream. Willy Loman believes that he will find success with the American Dream through his†¦show more content†¦In Willys case, the presence of his American Dream is shattered when he is fired from his job. The reason behind this is Willy Lomans inability to carry on working successfully. Miller uses Willy Loman’s brother Ben as an example of someone who has achieved the American Dream. From the play the audience knows that Ben accomplished the American Dream through his independence and diamond mines. He says â€Å"...when I was seventeen I walked into the jungle, and when I was twenty one I walked out. [He laughs.] And by God I was rich.† Willy looks up to his brother, and respects his views a lot. When Willy is hallucinating into the past, he thinks about the chance he had to join Ben; make his fortune and live his American Dream. Willy exclaims, Why didnt I go to Alaska with my brother Ben that time!...that man was success incarnate! What a mistake!... Willy did not take this chance and he regrets it, and he uses it an excuse for his failure. This gives the audience an idea that the American Dream did not affect our view of Willy Loman as a tragic hero. Rather, his unrealistic dreams and laziness were to blame. Biff talks about Willys dreams, â€Å" He had the wrong dreams. All, all wrong.† Miller shows how the American Dream is nothing but an illusion. He does this through Willys upbringing of Biff. When Biff says, â€Å"I realised what a ridiculous lie my whole life has been.† He is referring to his father’s illusions of success for him are simply just illusions.Show MoreRelatedAmerican Dream - Death of a Salesman1005 Words   |  5 PagesThe play Death of a Salesman greatly portrays a specific ideology in regards to values, dreams, goals, and success in our consumer-driven society. It helps showcase the American dream that society tends to strive for even in the early 1900’s (the play is set in the 1940’s). That dream of being a successful business person or vendor. As well as the theory that image and physical attributes are most important to gaining fruition. 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