Industrial Injury Claim
Employer Compensation
There are a lot of legislations and regulations, most of which are concerning Health and Safety at workplace and best practice at work. These are there for a reason and that is to ensure that employees are presented with safer working environment.
The most important element of creating a healthy working environment is prevention of likely events that will jeopardise a worker, and this can be done by adhering to practice and policies in place. Here you will find information on which legislations, acts and regulations are your employer most likely liable to follow. Employers and employees are both responsible to ensure following workplace regulations are adhered to.
List of Regulations
The Control of Noise at Work Regulations 2005
1989 Control of Noise at Work regulation was replaced by The Control of Noise at Work Regulation 2005
Work at Height Regulations 2005
The Work at Height Regulations 2005 concerns all work at height where there are risks of injury from falling also covering injuries cause from falling objects.
Health and Safety at Work Act 1974
The Health and Safety at Work impose the duty on employers that employees are ensured a healthy and safe workplace
The Management of Health and Safety at Work Regulations (MHSWR) 1999
These regulations require all employers and self-employed people to carry out a risk assessment of their workers and others affected by what they do
The Manual Handling Operations Regulations 1992
The regulations state that every employer shall "so far as is reasonably practicable, avoid the need for his employees to undertake any manual handling operations at work which involve there being a risk of injury.
Personal Protective Equipment at Work Regulations 2002
employers have an absolute duty to provide suitable personal protective equipment for any employee who may be exposed to the risk.
Provision and Use of Work Equipment Regulations 1998
These regulations require employers to ensure that any work equipment provided is suitable (from a health and safety perspective) and used safely.
Workplace (Health, Safety and Welfare) Regulations 1992
These regulations require employers to maintain their workplace in an efficient state (from the point of view of health and safety, not production), in efficient working order and in good repair.
Health and Safety (Display Screen Equipment) Regulations 1992
These regulations are for the protection of employees and the self-employed who regularly use display screen equipment in their normal work.
Control of Substances Hazardous to Health (COSHH) Regulations 2002
Hazardous substances include those used in work activities, substances generated during work activities, naturally occurring substances and biological agents such as bacteria and micro organisms.
The rights and functions of safety reps - Safety Representative and Safety Committee Regulations 1977
A recognised trade union can appoint safety reps from among the workforce -there is no limit to how many they appoint, but their number should ideally reflect the size of the workforce.
The Control of Noise at Work Regulations
1989 Control of Noise at Work regulation was replaced by The Control of Noise at Work Regulation 2005 which came into effect on 6th of April 2006. This covers pretty much every workplace except for the music and entertainment industries, other venues where loud music may be used such bars, pubs and clubs. These venues are using the former regulations until 6th April 2008.
This regulation has been put to place in order to reduce risk of hearing damage to the employees that work in places with higher level of noise, above 80 db. In the 1989 regulation this limit was 85 db.
This regulation requires the employers to carry out the following;
- Carry out risk assessments for employees exposed to noise levels at or above 80 decibels.
- Introduce control measures for noise reduction where the noise levels are at or above 85 decibels.
- Provide hearing protection.
- Provide health surveillance including hearing tests for those workers at risk and monitor and advise them of the results.
- Provide information, instruction and training relating to the risks of exposure to noise and other facts relating to the new regulations.
Work at Height Regulations
The Work at Height Regulations 2005 concerns all work at height where there are risks of injury from falling also covering injuries cause from falling objects. There is not as yet any direction on what comprises ‘height’ but the regulation does apply at ground level and underground if a person could be injured falling from height. Fall from height happen when a person is moving around a workplace and or accessing a place of work at height but does not cover a fall down a flight of permanent stairs. It also does not include travelling to or from work.
If a worker is working in a construction site and such an injury happens it is still covered un the Work at Height Regulation.
Health and Safety at Work Act
The Health and Safety at Work impose the duty on employers that employees are ensured a healthy and safe workplace. Employers must ensure the following,
- Staffs employed are competent
- Systems, plants, premises and equipments are safe for everyone to work with
- Instruction, information, training and supervision given to employees are compatible with health and safety regulations
- Recognised health and safety consultants are arranged to provide training
- Make sure that working processes, plants and machineries are in healthy working condition
It is not only the employer’s duty to ensure health and safety; it is also the employees responsibility to that they comply with health and safety regulations at workplace. Employees are accountable to take care of themselves at work and they must ensure they follow the health and safety training programs. Employees should also let their employers know should they find any shortcomings in the health and safety procedures put in place by their employer.