Health and safety at work Case Study Example | Topics and Well Written Essays - 3500 words

Health and safety at work - Case Study Example Some of the employments by nature are hazardous and both the employer and the employee should be aware of the dangers involved in such employments. Definitely there are inherent risks of the employment and they vary in degrees depending on the kind of work, material used, mode of work and ultimate work achievement. If we go through some of the cases over the years, it is easy to find how difficult it is to avoid danger in certain jobs. Cases like Thomas v Quartermaine (1887), Smith v Baker & Sohs (1891), Paris v Stepney Borough Council (1951), General Cleaning Contractors Ltd. V. Christmas (1953), Ellis v. Ocean S.S. Co. Ltd (1958) show us the varied dangers that are inherent in different employments. But according to the modern law the employer is responsible for a duty of care towards his employees and the weight squarely rests in him. "Under the general law of tort, a duty of care arises when two persons are so closely and directly related that the activities of them may involve appreciable risk of injury to the other: Donoghue v. Stevenson [1932]" Munkman (1975, p.82). The Health and Safety Act is a landmark in the history of labour and employment, because it provides maximum safety and care to the workers and this is one act where the employer's responsibility is of major gravity in looking after the health and safety of his employees. "The Health and Safety at Work etc. Act (1974) is the most important statute for industry and commerce ever to have been passed through Parliament. Unlike the Industrial Relations Act, this one is here to stay. It affects companies, firms and individuals, employers, from Boardroom to shop floor; manufacturers, designers, importers, suppliersoccupiers, builders, erectors, installers," Mitchell (1976, p.xv). The employer, under the legal compulsion, must make all the attempts and take reasonable care not to expose his employees to any kind of avoidable and unnecessary risk. This responsibility is a personal responsibility and cannot be transferred to othersi. In Peter's case ABC cannot be held responsible to a very large extent, because they have provided all kinds of protective necessary clothing and mask. Safeguarding the health and safety of the employees is the duty and responsibility of the employer and ABC has done so. So, if the position of ABC is assessed from that angle, they cannot be held responsible for Peter's accident. All the injuries that occur during the work are not due to employer fault. Some of them could be because of the carelessness and easygoing habits of the employees like Peter. Still there is a possibility of a court ruling that it is vicarious responsibility of the employer because the employer is responsible for providing a safe workplace for his employee to work. It was not safe enough for Peter, because the chemical was insufficiently diluted by another employee causing grievous damage to Peter. ABC will have to answer for the insufficient dilution of the chemical by another employee. There is no doubt that Peter was at mistake because he did not wear the mask that has been provided for his safety by the ABC. Unfortunately for him, he thought, as his manager did, that the risk involved was very small. The risk involved w

Cost Estimate and the State Of Work Assignment Example | Topics and Well Written Essays - 1500 words

Cost Estimate and the State Of Work - Assignment Example The IGCE statement is also very important in government reference and file keeping. It is a document when well kept can give the future generation the way the projects were carried and the amount of cash that they utilized for project completion (Federal government, 2009). It is also very important in countrymen taxation and government budget making for the year of the project. It also helps the government in the revenue allocation and in implementation of the governments’ strategic plans (Kinzie, 2010). This will lead to job creation, growth and expansion of the countries industrialization. Therefore a well documented IGCE statement safeguards the government’s properties through internal controls and audit trials for the government’s final project price. Reasons for Confidentiality The reasons why the IGCE should be kept a major secret is because the countries ethics and integrity must be retained and should be above reproach in business dealings with the government (Schwalbe, 2011). This will build the people’s confidentiality in the government hence creating harmony in the country (Federal government, 2009). The contracting officers must go to an agreement with the contracting officer representatives on the confidential financial disclosure report. This report is very crucial in avoiding conflicts between the official duties and the private affiliations. This report is also very vital in curbing away bribery from the public sector.