HASAW SECTION 2(2)e Case law

magsr65 · Post by **magsr65** » Thu Nov 22, 2018 8:04 pm

Hi can anyone help I am a 53 year old just started a health and safety degree and out of way of studying. I am writing an essay and trying to find case law examples for each of the specific duties detailed under the above act. I am really struggling to find one relating to e - facilities and arrangements for welfare at work. I was going to uses stress at work but my colleague has said that isn't what it means it to do with only toilet and wash facilities and I am in library pouring over case laws and cant find one which matches this. Any help or guidance would be great. Thanks Mags

Post by **bernicarey** » Fri Nov 23, 2018 10:08 am

Hi Mags
Welcome to the Forums.
That's a very interesting 1st post.

I was going to uses stress at work but my colleague has said that isn't what it means it to do with only toilet and wash facilities

Until about 8 years ago, I would've agreed with your colleague. But you have to ask yourself where the HSE is going with Stress? There is no specific mention of 'Stress' in the HSWA, because the act is deliberately worded as a high level document, from which enabling Regulations can be derived.

So unless the government introduces a Stress Regulations we have to look at the existing framework. The HSE have introduced a Management Standard see here: http://www.hse.gov.uk/stress/standards/index.htm

The problem with Stress is that it is a personality issue to a certain degree, in that one person's Stress can be another's motivation. A group of people can all witness the same horrific occurrence, but the levels of PTSD amongst them will vary widely; some may successfully shrug it off, while others will be a complete mental mess for varying periods.

But as you believe, HSWA 2 2(e) is a valid section for mental health, since it clearly states

the provision and maintenance of a working environment for his employees that is, so far as is reasonably practicable, safe, without risks to health, and adequate as regards facilities and arrangements for their welfare at work.

in the past, people have concentrated too much on the 'welfare' as being canteen and toilet facilities.

But as to the 2nd aspect of your post, you're most unlikely to find any Case Law relating to Stress or Mental Health, since it's a fairly new area of discovery for the legal profession.
For example, if you search for 'Stress' on the 'SHP In Court' page it's not the actual basis for the prosecutions which it returns with; the same applies if you search for 'Mental Health'.

So in summary, you're right, but you're not going to find what you seek.
You'll be better off looking for a lack of 'welfare facilities' as your court cases.

abarnett · Post by **abarnett** » Tue Dec 04, 2018 1:44 pm

https://www.healthandsafetyatwork.com/mike-wye-welfare
https://www.healthandsafetyatwork.com/c ... on-welfare

These are a couple that should help - whilst the actual charges made were under regulations made - (HASWA is the enabling act for these regulations), the over-riding principle that underpins their inclusion into those regs are s2,2(e)

Hope that helps - sorry it's a bit brief - about to go back to work....

Andy

Post by **bernicarey** » Wed Dec 05, 2018 11:22 am

abarnett wrote: ↑Tue Dec 04, 2018 1:44 pm https://www.healthandsafetyatwork.com/mike-wye-welfare
https://www.healthandsafetyatwork.com/c ... on-welfare

These are a couple that should help - whilst the actual charges made were under regulations made - (HASWA is the enabling act for these regulations), the over-riding principle that underpins their inclusion into those regs are s2,2(e)

Hope that helps - sorry it's a bit brief - about to go back to work....

Andy

Sorry Andy, but both of those examples relate to 'physical welfare' i.e. washing/toilet facilities, whereas as I read it, Mags was very much hoping to find 'Welfare' relating to mental welfare, i.e. Stress.

abarnett · Post by **abarnett** » Wed Dec 05, 2018 12:05 pm

magsr65 wrote: ↑Thu Nov 22, 2018 8:04 pm I was going to uses stress at work but my colleague has said that isn't what it means it to do with only toilet and wash facilities and I am in library pouring over case laws and cant find one which matches this. Any help or guidance would be great. Thanks Mags

Hey Berni,

You're right they are physical ones - I didn't read it the way you have though - I thought that Mags was looking for physical ones...

Andy

Post by **bernicarey** » Wed Dec 05, 2018 12:37 pm

abarnett wrote: ↑Wed Dec 05, 2018 12:05 pm
magsr65 wrote: ↑Thu Nov 22, 2018 8:04 pm I was going to uses stress at work but my colleague has said that isn't what it means it to do with only toilet and wash facilities and I am in library pouring over case laws and cant find one which matches this. Any help or guidance would be great. Thanks Mags
Hey Berni,

You're right they are physical ones - I didn't read it the way you have though - I thought that Mags was looking for physical ones...

Andy

I can see how either of us might be right in what she's looking for, it's one of those posts that people can read either way.... and she's not come back to add to the conversation.... it's only been 2 weeks...