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Politics : Foreign Affairs Discussion Group -- Ignore unavailable to you. Want to Upgrade?

To: maceng2 who wrote (50122)	10/8/2002 4:39:47 AM
From: maceng2	Respond to of 281500

(OT) During my sojourn in the USA I also noticed a tendency to hold management responsible for any safety issue. The USA courts seemed reflect this. This is unfair imho. Employees do, on occasions, act irresponsibly too. I don't know what the USA safety laws say these days but Britains is fairly simple and clear.. Everyone is equally responsible for the safe operation of their place of work . There are specific responsibilities for both the workers and management too. (This is just a general link, not the legal document and is probably not updated etc) lancs.ac.uk Employees. As an employee, you have legal duties too. They include: - taking reasonable care for your own health and safety and that of others who may be affected by what you do or do not do; - co-operating with your employer on health and safety; - correctly using work items provided by your employer, including personal protective equipment, in accordance with training or instructions; and - not interfering with or misusing anything provided for your health, safety or welfare. Employer.. Your employer has a duty under the law to ensure so far as is reasonably practicable, your health, safety and welfare at work. Your employer must consult you or your safety representative on matters relating to your health and safety at work, including: - any change which may substantially affect your health and safety at work, eg in procedures, equipment or ways of working; - the employer's arrangements for getting competent people to help him/her satisfy health and safety laws; - the information you have to be given on the likely risks and dangers arising from your work, measures to reduce or get rid of these risks and what you should do if you have to deal with a risk or danger; - the planning of health and safety; and - the health and safety consequences of introducing new technology. In general, your employer's duties include: - making your workplace safe and without risks to health; - ensuring plant and machinery are safe and that safe systems of work are set and followed; - ensuring articles and substances are moved, stored and used safely; - providing adequate welfare facilities; - giving you the information, instruction, training and supervision necessary for your health and safety. In particular, your employer must: - assess the risks to your health and safety; - make arrangements for implementing the health and safety measures identified as being necessary by the assessment; - if there are five or more employees, record the significant findings of the risk assessment and the arrangements for health and safety measures; - if there are five or more employees, draw up a health and safety policy statement, including the health and safety organisation and arrangements in force, and bring it to your attention; - appoint someone competent to assist with health and safety responsibilities, and consult you or your safety representative about this appointment; - co-operate on health and safety with other employers sharing the same workplace; - set up emergency procedures; - provide adequate first aid facilities; - make sure that the workplace satisfies health, safety and welfare requirements, eg for ventilation, temperature, lighting and sanitary, washing and rest facilities; - make sure that work equipment is suitable for its intended use, so far as health and safety is concerned, and that it is properly maintained and used; - prevent or adequately control exposure to substances which may damage your health; - take precautions against danger from flammable or explosive hazards, electrical equipment, noise and radiation; - avoid hazardous manual handling operations, and where they cannot be avoided, reduce the risk of injury; - provide health surveillance as appropriate; - provide free any protective clothing or equipment, where risks are not adequately controlled by other means; - ensure that appropriate safety signs are provided and maintained; - report certain injuries, diseases and dangerous occurrences to the appropriate health and safety enforcing authority (see box below for who this is).

To: maceng2 who wrote (50122)	10/8/2002 5:52:26 AM
From: Ilaine	Read Replies (4) \| Respond to of 281500

When you say "a company is responsible for its products and its operations," this misses a lot of important legal principles. The Indian corporation was liable because it was negligent. The parent corporation was liable because it had a contractual relationship with the Indian corporation, but it was not negligent. The shocking thing about the Bhopal disaster was how poorly the Indian corporation maintained the plant. I am sure that Union Carbide rethought its corporate policies after that.