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What are the European Safety regulations that companies have to abide by?
If a company in mainland Europe recognises the existence of a safety risk but does nothing to allay that risk, rather they simply put up a sign, is that constituting a lack of duty of care?
For example, a newly varnished floor on which several people have slipped. If the company puts up a sign warning that the floor is slippery, have they fulfilled their duty of care or are they actually acknowledging a risk and therefore further exposing themselves to claims of negligence on their behalf?
Does the European Law supercede the local national law in this matter if they are not the same and the local law is not up to the same standard?
I'm asking this as the plaintiff here. One of my clients with whom I have a great relationship (and don't want to lose it) had a newly polished floor which I went over on. They claimed the sign would negate their responsibilities (the sign wasn't up, it was my fall that brought their attention to the problem even though I wasn't the first to go over!).
Gail,
thanks for your answer. I know the HASAW act well, however, the reason I asked about European regulations is that the company is based in mainland Europe and claims that it is operating as per the requirements of local law. Now I happen to know this country has some of the strictest HSE laws and a poor record for actually upholding them.
1 Answer
- gailLv 51 decade agoFavorite Answer
The law "Health & Safety at Work Act 1974" is written for a reason and everyone has reponsibilities including employees.
The owner has to conduct a risk assessment and any risks have to be eliminated or controlled depending on the outcome of that assessment.
Were you the first one to report your tumble?
If 40 people have walked across that floor daily for six months with no reported incidents and then you reported your fall, the owner would perhaps make the decision that only a warning sign is adequate, it does not remove his responsibility but based on statistics and an investigation he may decide no further controls are needed.
Lots of things have to be taken into account when looking into accidents that have happened near misses reported, previous similar accidents in that area etc the more accidents that are reported then the more controls or elimination of that hazard are required. Were you wearing unsuitable footwear? were you being distracted? talking ?running ? probably not but these are all things that will be looked into.
There are other controls that he could have done and still can do one is to lay anti slip matting call the firm back in that laid the flooring ect.
re varnish using a special anti slip varnish.
You can find out more regarding the law from the hse web site.
the law is not there to shaft small company's or put ticks in boxes its written to protect both employees and employers, and actually offers good practical advice.
Source(s): H&S Manager