Section 37 of the Health and Safety at Work Act 1974 Essay

Section 37 of the Health and Safety at Work Act 1974 - Essay Example The HSWA 1974 is divided into four key parts, and it is also divided into various sections. Part one of the Act focuses on the Health &Safety Commission and Executive, the general duties of the act, enforcement and penalties, codes of practice, and the power of making regulations. The second part of the act deals with the establishment of the employment medical advisory service. Part three on the other hand does the relations of the act to the building regulations. Finally, the forth part of the act does the coverage of other general issues and various amendments (Bennett 2012, p. 102).The 37th section of this legislation covers prosecution of managers/ directors, which is the main focus of this essay. The essay seeks to discuss the development of section 37 of the legislation analyzing the circumstance under which it operates. It also seeks to take considerations if the use of the legislation gives an effective mechanism for imposing secondary liability. Section 37(1) of the 1974 Ac t gives directives for the prosecution of managers/ directors. Section 37 of the HSWA States that in case a health and safety harm occurs to employees with the consent or connivance of a manager or director, then the manager or director together with the organization should be prosecuted under this particular section of the HSWA Act (Lofstedt 2011, p. 73). The section directs that employers should ensure that the safety and health of their employees is not affected by the work they do. Once the workers are affected by the kind of work they do in an industry in terms of their health and safety, then the act stipulates that the managers or directors be prosecuted. The act also tends to cover the employees’ duties at the work place. Employees in their duties at the work place are expected to take much care for good of their own safety and health and that of others who may be at risk of being affected by their acts. Employees are also expected to co-operate with their employers a nd other people at their work places when they are carrying out their statutory obligations (Lofstedt 2011, p. 73). The Health and Safety at Work act of 1974 provides that every organization or industry should have clearly stipulated health and safety policy if it has employed five and above employees. The organizations are also required to carry out assessments on their workers, partners, customers, and any other individual who may be at risk of being affected by the activities carried out by the organizations. The act also requires the organizations to have full access to health and safety advice that is competent. This is for the protection of its people or the staff members who may be affected by the activities carried out by the organization in terms of health and safety (Lofstedt 2011, p. 73). The HSWA act works alongside other regulations and Legislations in protection of health and safety of the workers. The Factories Act of 1961 and the Offices, Shops and Railway Premises A ct of 1963 are examples of Legislations that work alongside the HSWA act of 1974. Control of Substances Hazardous to Health Regulations of 1994, and the Health and Safety Regulations of 1992 are among the regulations that are operated together with the HSWA act of 1974 (Smith, 1998). In its other provisions, the act requires that employers have a working environment that is safe in operation and maintenance to avoid any harm related to health and saf