Case Study – Health & Safety Issues at Café Nero
In this report I will advise the Manager at Café Nero of the procedural and legal issues to follow in the event of an employee having a ‘slip and trip’ accident at the workplace. This report will outline the relevant legislation acts applicable to both the injured staff member and the café manager. After covering and identifying the relevant parts of legislation, it will enable me to state the applicable procedure methods to consider in the case study.
1.1 Legal Issues
This incident includes the practicality of two issues – 1.1 Legal and 1.2 Procedural. I will discuss the different legislations that protect employees in a situation of Health & Safety, which will help both employees and employers to understand their rights and obligations to the law.
The Workplace Regulations Act (1992)
This act ensures that management provide employees with a suitable working environment that is productive of work activities and is obstruction free in the workplace premises. The legislation covers effective conditions of the workplace environment such as lighting, sanitary, equipment, workstations, room dimensions and space. Although Under the regulation, the employer also must make ‘suitable’ welfare facilities for employees including those individuals with disabilities. From an ethical perspective the waitress should’ve of been aware of common spillages and un-safe hazards from the compulsory H&S practices of staff training, but with the hazard being non visible, it is difficult to question whether the employer is liable under this act without a technical investigation.
The Management of HASAW Act (1999)
Under this law it is the employer’s responsibility to impose general principles of developing a prevention policy that manages the working conditions and assessments of risks such as slip & trip to all employees. Employers must also provide employees with the relevant training to staff especially young or temporary workers because of the lack of H&S knowledge they may have, and must demonstrate to them the necessary control measures of risk controls,
Was the waitress in question young? (Under 16 or below the working age) or was the waitress inexperienced to general principles? This remains questionable and can be factors that were penetrated because of the employer’s role in managing their safety. The act enforces that employees have a legal duty to report accidents and hazards that may cause danger or illness and must notify the employer to make the necessary safety arrangements. Any breaches of this act by the employer could result in legal enforcement under The Health and Safety (Offences) act (2008).
The Health & Safety at Work Act (1974)
This main body of the H&S legislation act ensures the waitresses welfare and safety is protected especially to those whom may be affected by their routine working activities. Under the HASAW act employees have the legal duty of not placing themselves or other individuals in any danger, and must cohere and practice policies which state maintaining a safe working environment for all workers. A cause of the accident could be due to the waitress’s lack of comprehension of safety equipment provided by the employer, which must have the relevant guides and information on how to use apparatuses from suppliers and manufacturers. They too have also a legal duty to provide the appropriate information about the use of products that may impose technicality and self-harm without necessary instructions this is also supported under the sub legislation for - Construction Design and Management Regulations (1994)
Employment Sick Pay
The waitress has entitlement to sick pay because of exceeding the minimum of 4 days sick leave she had to take off work. Employment contracts vary with different employers and can determine the...