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health and safety responsabilities within a contract of employment
Rank: Forum user
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I have been approached by a SME who as currently issuing new contracts of employment to their employees, to the best of my knowledge they have not previously issued documented contracts.....The question I have been asked is? What should be included in the Health and Safety section of the contract? My answer is the duties imposed on the employer and the employee as per the HASAWA 74 and the Management Regs 1999.... Any input in to this matter would be much appreciated
Many thanks
Rich
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Rank: Super forum user
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Richard
Contract law is a bit of a specialist area. That said, my understanding is that there are implied terms of a (employment) contract which are legally accepted. For example, in law it is established that the employer owes a duty of care, inter alia, to his employee. Therefore the implied terms of an employment contract will include this duty, whether it written or not. Hence there is no need to include it explicitly in the contract.
Of course, the same duty is enshrined in criminal law via HSWA s2(1) and could lead to a prosecution if it was breached. Again, no need to include the obvious in an employment contract.
Ray
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Rank: Forum user
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Thanks Ray having looked at it further, would you agree that the contract could direct you to the HS policy and the safety induction required at the start of employment?
Richard
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Rank: Super forum user
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Yes, I see no reason why not. Basically I contract could include anything you like, whether it is fair and legally binding is a completely different matter. I would think that a reference to the H&S Policy should also include the employee getting a copy or at least being advised where and how to access it.
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Rank: Super forum user
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Or the induction includes a briefing on the employee's duties as described in the Policy, the contract could be entirely silent (implied terms etc.). For added transparency, the SME could consider including a copy of the Policy Statement along with the application pack.
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Rank: Super forum user
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Technically a COE [nor anything else] does not need within it an area that says that U the employee must comply with the law as the law is the law and that is it; compliance is required irrespective - However in practice this is an area that can be /is put in as already noted herein
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