Management of Health and SafetyTask 1In this case parties involved are i)The contractor, ii)Sub-contractor, iii)Apprentice on work experienceA person on work experience means an apprentice. Under section 53(1) of the Health and Safety at Workplaces Act 1974 contract of employment. Therefore an apprentice is an employee. A company taking an apprentice should make an agreement for a fixed period of time. The agreement must be in writing. If not the agreement cannot be enforced. Therefore most important legal responsibility of the three parties involved is to sign a written apprentice agreement.
If there is no written apprentice agreement employing the person or providing training on site is illegal. When the apprentice is employed on site all other legal duties and responsibilities specified in HSWA 1974 , Health and Safety Regulations 1999, and CDM Regulations 2007 applies. The legal responsibilities of the three parties involved areThe legal responsibilities of the three parties as per The Health and Safety at Work, etc Act 1974 (HSWA) i)The contractor and Sub-contractor have the legal responsibility as employers as the apprentice is employed by the sub-contractor. Must make a written tri-party apprentice agreement between the contractor, sub-contractor and the apprentice.
identifying and providing safe systems of workproviding safe materials and substances and the safe handling and storage of theseproviding a safe place of work and a safe working environmentproviding information, instruction, training and supervision as necessaryProviding appropriate welfare facilities. (Section 2)ii)Apprentice on work experience becomes an employee after signing the apprentice agreement. Must make a written tri-party apprentice agreement between the contractor, sub-contractor and the apprentice. Employees must ensure their own health and safety at work and the health and safety of anyone else who might be affected by their acts and omissions. They must also co-operate with their employer in ensuring compliance with any relevant legal requirements. (Section 7)In complying with the legal responsibilities the company (the contractor) has to spend on training the apprentice on safety procedures etc.
at the work site in induction training. http: //www. hse. gov. uk/enforce/enforcementguide/investigation/status/specific. htmTask 2Health and Safety at Workplaces Act 1974 is an enabling act. Management of Health and Safety at Work Regulations 1999, and CDM Regulations are made under this act. Main provisions under the Management of Health and Safety at Work Regulations 1999 are aimed at emphasizing and reinforcing the message of risk assessment.
There are many regulations covering the duties of the employers. Employees’ duties also are covered by the regulations. Some of the important duties stated in the regulations are Health and safety arrangements like providing of first aid Monitoring of employees’ health (hearing and vision tests)Keeping the employees informed about the safety aspects. Judging the capabilities of employees before assigning jobs. (can a person work at heights)Risk assessment processes not to endanger the employees.
Protection of people under 18 years. Provision for pregnant mothers. Temporary workersProvisions under the Construction (Design and Management) Regulations 2007 are aimed at reducing the construction accidents and deaths. “While the on-site safety requirements are almost unchanged, there are significant changes to CDM. Here are the main revisions: