GOVERNMENT CONTROL

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GOVERNMENT CONTROL
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SAFETY ACTS

• The Factories Act 1955
• The Office Premises Act 1958
• The Mines and Quarries Act 1965
• The Dangerous Substances Acts 1972-1979
• Safety in Industry Act 1980
• The Fire Services Act 1981
• The Safety, Health and Welfare at Work Act 1989

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FACTORIES ACT 1955

• Governs duties concerning the condition of the
  factory
• Regulates protection of people from dangerouse
  machinery
• Deals with lifting of weights

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SCOPE

• Applies to all factories and notional factories
  as defined in the act.
• Factory is a premises where activities by way of
  trade or for purposes of gain are being carried
  on.
• Excludes state or public authorities
• Applies to occupiers of the factory, that is the
  persons in control

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DUTIES UNDER FACTORIES ACT 1955

• Absolute
• Qualified by reasonable practicability
• Qualified by practicability

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ABSOLUTE DUTIES

• There is no exemption allowed
• Example is the fencing of dangerous machinery.
• Two types of dangerous machinery under section 23
• Machinery that requires proof of being dangerous
• Machinery that is deemed to be dangerous and
  listed in sub sections of this section
• Lifting- section 67 states that a person shall
  not be employed to lift, carry or move any load
  so heavy as to be likely to cause injury to him.

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QUALIFIED BY REASONABLE PRACTICABILITY

• Occupier of factory has to prove reasonable
  practicability

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QUALIFIED BY PRACTICABILITY

• This almost the same as absolute
• Occupier has to show that the achievement of a
  particular result is not possible in the light of
  current knowledge and existing resources.
• Examples are
• the requirement to fence where somebody is liable
  to fall from two metres and
• Access and egress to a place of work

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OFFICE PREMISES ACT 1958

• An office is any premises, room, suite of rooms,
  or other part of the premises in which persons
  are employed in clerical work and where the
  number of such persons exceed five.
• The occupier of the offices is responsible for
  fulfilment of the act.
• The owner of the premises will also have some
  duties under the act.

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SAFETY PROVISIONS

• Construction and maintenance of floors, passages,
  gangways and stairs.
• Means of escape in case of fire.

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THE MINES AND QUARRIES ACT

• A mines is an excavation made for the purposes of
  employing people below ground in order to obtain
  minerals or product of minerals
• A quarry is an excavation made for the purposes
  of obtaining minerals or products of minerals but
  does not involve going underground or is not a
  well or borehole.

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DUTIES

• Covers amongst other things
• Entrances and shafts to mines
• Protection from falling down shafts
• Roads
• Supports
• Ventilation
• Lighting

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SAFETY IN INDUSTRIES ACT 1980

• Amended factories act and is just as specific
• Makes provision for employees to take reasonable
  care
• Makes provision for a safety statement

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FIRE SERVICES ACT 1981

• Organisation of fire services.
• Each local authority is a fire authority
• They must make provision for prompt
  extinguishment of fires in buildings.
• Provide a fire brigade
• Ensure adequate provision for the reception of
  and response to calls.

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DANGEROUS SUBSTANCES ACT 1972-1979

• Control and prevention of accidents arising from
  dangerous substances
• Deals with such things as
• Explosives
• Petrol
• The minister can make an order as to what is
  dangerous.

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PART IIGENERAL DUTIES
SAFETY HEALTH AND WELFARE AT WORK ACT 1989

• S6(1) It shall be the duty of every employer to
  ensure, so far as is reasonably practicable, the
  safety, health and welfare of all his employees.
• N.B. Every employer is bound by the act. This
  is the first time all employers have been bound
  by an act relating to safety.

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GENERAL DUTIES - EMPLOYERS LIABILITYSECTION 2

• (a) as regards any place of work under the
  employers control, the design, the provision and
  the maintenance of it in a condition that is, so
  far as reasonably practicable, safe and without
  risk to health
• (b) safe means of access and egress
• (c) safe machinery
• (d) safe systems of work
• (e) provision of information and training
• (f) provision of suitable clothing or
  equipment.
• (g) emergency plans
• (h) safety in the use of any article or
  substance

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EMPLOYEES DUTIES - SECTION 9

• First time employees duties enshrined in statute
• An employee shall take reasonable care for his
  own safety and for that of others.
• They will cooperate with the employer and others
  to comply with statute
• Use the protective clothing and safety equipment
  issued
• They will report to an employer or supervisor any
  defects
• Equipment shall not be misused by an employee

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SAFETY STATEMENT - SECTION 12

• This provides that EVERY employer prepare a
  safety statement
• It shall be based on an identification of
  hazards and assessment of risks
• Contents
• Set out how safety requirements are being met
• Sets out the cooperation required from employees
• Includes the names of the persons responsible for
  tasks assigned to them in the statement
• An inspector can reject the statement
• Report of companies under companies act will
  include details of their policy as set out in the
  safety statement

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OCCUPIERS LIABILITY Act 1995.

• Changes law radically.
• Different standards of care based on the status
  of the injured party.
• Can modify liability by contract or notice
• Must be reasonable
• Must be brought to attention of entrant
• Prominently displayed at entrance

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ENTRANTS

• Visitor
• Invited or given permission to be on premises.
• Entrant of right.
• Owes common duty of care.
• Recreational visitor.
• On the property engaging in recreational pursuits
  with or without permission of occupier. No
  charge other than a reasonable one for parking.
• Duty not to injure intentionally or recklessly.
• Trespasser
• Duty same as recreational visitor.

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GOODBYE