What are the reasons for managing Health and Safety?

Equally important three reasons are behind managing health and safety at workplace. These are as below:

1  -       Moral,

2  -       Financial and

3  -      Legal reasons

Moral reasons: Every individual has right to work in safe workplace while performing his assigned task. He comes to a workplace in happy mode and expects to return in a same manner. Same time individual has a duty to follow all health and safety norms so as to save him as well as prevent injury to others by his acts.

Here come two things “Duty of Care” and “Negligent act”.

Duty of care is an obligation to exercise a level of care towards an individual that is reasonable in all circumstances to avoid injury to that individual and to his belongings.

Negligent act is not intentionally but careless act which results into loss. Only Negligent act is regarded as a breach of “duty of care”. Liability for “duty of care” depends on policy of that area.

Different countries have different laws and jurisdiction. i.e Scotland – Law is called Delicit, England, Wales and Northern Ireland- law is called Law of Tort.

Case Study for Duty of Care – Donoghue Vs Stevenson 1932SC(HL)31 [ The one with the snail]

Financial Reasons: Due to direct and indirect costs associated with incidents organizations compel to manage health and safety at workplace.

Single major accident can disturbs whole organization.i.e Bhopal Gas Tragedy (India) on 2 Dec 1984 – 3 Dec 1984- Cause- Methyl Isocyanate leak from Union Carbide India Limited storage tank- Deaths - At least 3,787; over 16,000 claimed, Non Fatal Injuries- 558125 (Source – Wikipedia).

After this major incident Union Carbide never opens.

Also smaller incidents at large scale can disturb an organization working. Like time wastage of key persons in follow up of incidents, investigation, medical leaves, transportation, compensation etc.

Direct Costs are visible outcome of incidents like hospital cost for treatment, compensation if any.

Indirect Costs are not visible and includes transportation of injured, colleagues of worker’s time wastage, bad reputation of organization, poor sustainability record, loss of morale, loss of expertise, idle time of machinery, production stoppage, cost of staff involved in investigation, cost of property damage if any, loss of orders etc.

It has been estimated that employers pay almost $1 billion per week for direct workers' compensation costs alone. The costs of workplace injuries and illnesses include direct and indirect costs. Direct costs include workers' compensation payments, medical expenses, and costs for legal services. (Ref: OSHA)

Legal Reasons: The preventive (by enforcement notices), punitive (through criminal sanctions) and compensatory effects of law.

There are many legal requirements imposed by government on organizations to follow health and safety at workplace. Failure to comply with lead to fines, imprisonment, bad reputation, restriction on business, ban on business etc.

Many powers has been given to Health and Safety executive (HSE) including without warrant inspection, can do inspection and investigation of equipments, can take samples, can take photograph etc.

Powers of enforcement: They can issue a Prohibition and improvement notice when reason of health and safety contravention seen at workplace.

Also HSE can power to prosecute responsible person of organization , seize equipments of the organizations etc.

Apart from this written law of land i.e Statue Law is also pose requirements and guidelines for organizations to follow health and safety at workplace.

Act of parliament called primary legislation .i.e Health and Safety at work act 1974

Regulations made under act of parliament like Management of Health and Safety at work regulations 1999 called as Secondary legislation.