Wednesday, May 6, 2020
Health and Safety Multiple Forces Working in Unison
Question: 1. To identify what legislation and guidance was relevant to your chosen case and establish the legal basis for the courts decision base on the facts of the case. 2. What are alternatives options to prosecution. 3. Was in the public interests to prosecute. Answer: Introduction: The young girl Kent visited the theme park Chessington with her parents and fell nearly from the four meters height while waiting in line for the ride. In this mishappening she suffered with the fracture in the skull, broken ribs and bleeding from the brain and had to remain in the hospital for one month. Still, she was required of the specialist support and the rehabilitation treatment. Prosecution: The theme park Chessington which is the survey based theme park is held liable for the failings in the safety which led the girl with the life changing injuries, caused by the dislodged rotted palling, which was built on the walkway while queuing for the ride. After the sentencing, investigating HSE inspector Karen Morris said: This was a disastrous and horrifying incident for the child and her parents. They had travelled from their home in Kent for a fun day out together at this well-known attraction only to find themselves hours later in an intensive care ward with their daughter. The Health and Safety Executive (HSE) investigated and prosecuted Chessington World of Adventures Operations Ltd in this case said that there was persistent and serious breaches of the health and safety act. And hence the park was penalising to provide the educational assistance to the girl and also has to pay all the medical bills of the girl. The company was penalised with the amount of $150,000 for all the losses which the girly in the negligence of the company. It was said by the court that the rides provide an illusion of the danger, hence there is thrill on the rides but the safety of the visitors is also expected. Health and safety legislation: The Employers have got the responsibility to ensure that the workplaces as safer of the workers to work UN harmed. There are basically two significant legal requirements which are as follows: Refer Section 7 (a) of the Act, states that all the employees are to be taken proper care for their own bodily Health and also Safety of them at work and proper care of all those others who may be injured or affected by the task which they perform or also at times fail to do (Mnzberg et al., 2016). Under the HASAWA, each and every employer is required to look at all kinds of risks which exist in the workplace of the employees and is also required to record the assessment of the risk. Alternatives to prosecution Management of the Health and the Safety Regulations also promptly require the employers to completely assess the nature and the scale of the workplace risks that may occur to the health and safety, also to ensure that there are availability of proper control measures in place so as to avoid all of these risks (Naisberg, 2015). In this case the authority of the park must have taken some action against the safety of the visitors visiting the park. The authority of the park must have used some notice In this regard the following is required to be done and taken care of; necessarily appoint the employees to for sure apply the Health and the Safety measures needed. Formation of the emergency actions. Render proper information and also complete training to all of the employees (Naisberg, 2015). Public interest to prosecute Chessington I agree with the HSE prosecution to the Chessington as it will help the company and the employees of the company to abide by the rules as are set by the health and safety laws have to face serious and tough penalties (Gibson, 2014). Changes which are introduced under the act of the Health and Safety Offence, have most of their cases being judged in the lower courts, Very high fines are handed out to the convicted offenders and even provisions of jail may also be granted under some of the negligence circumstances. Proper and safe work facilities and practice can only and only happen if the law in concern is kept to. For the implementation of Health and Safety measures to happen and regulations, employers appoint a 'competent persons' so as to assist them carry out the all kinds of risk assessments (Bah, 2009). It was investigated by the Health and safety executives that there was the sloping roof over the queuing area and was without the guttering which led to the running of the water into the fence and resulted the fence to rot. In the report of the Health and safety it was found that the palings were re-fixed and were not replaced, instead of the screws the nails were used to secure and there was no record of the daily repairs of the palings. References Bah, S. (2009). Multiple Forces Working in Unison: The Case of Rapid Improvement of Vital Statistics in South Africa Post-1996.World Health Population, 11(4), pp.50-59. Blakemore, S. (2015). Survey finds 55% of health visitors work extra hours.Primary Health Care, 25(4), pp.6-6. Gibson, M. (2014). Health and safety legislation.Occupational Medicine, 64(6), pp.441-441. Mnzberg, H., Qualls-Creekmore, E., Yu, S., Morrison, C. and Berthoud, H. (2016). Naisberg, Y. (2015). MBPNOM Destigmatize Mental Health and De-fragmentize Medical Practices with Unison Preventive Principles: Review.Journal of Neurology and Neurobiology, 1(4).
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