Manual Handling Operations - Essay Sample

Introduction

Manual handling operation can be considered as important as it creates rules that the businesses usually follows in the case of risks involved as it tries to manage any risk that can occur in the company or the workplace. Manual handling operation contains some regulations that are usually applied at the workplace in case the risks arise. Manual handling can be said to be any transportation of a load by use of hands without using the machine. The regulations of the manual handling operations were amended in the year 1992. The primary reason as to why these regulations were changed is to enable the employer to apply control measures which can prevent any risk injuries that may occur while the employees are manually handling the loads. This work will review the manual handling operations in the business, how the health and the safety executive body contributes to giving the safety measures (Akbari, Mehdi, and Meghdad, 2018, p122-131). Also, the paper will provide details on how the manual handling operation regulations play parts towards successful health as well as safety management in the firm.

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Many incidents of workplace injuries usually attributed to manual handling. Almost in all the working environments, for example, the workers who can be working in the constructions as well as in the agricultural firms, they are likely to be exposed towards the heavy loads. The manual handling of the loads can contribute towards a cumulative disorder, due to the gradual as well as the increasing deterioration of the musculoskeletal system, for example, the low back pain measures (Akbari et al., 2018, p122-131). The risk factors are when the load is too large or heavy, when a particular work involves an awkward movement, when the pressure cannot be stable, when the working space has no sufficient space, in case the working environment have very high temperature or even the poor lighting and also the slippery and unstable floors.

Injury in civil law can be stated as the physical damage or even bodily harm that has been done to an individual as well as to a property by a criminal offense, or even through negligence. Through civil actions, civil injury can be redressed. The public injury remedies frequently result from the negligent or even the intentional acts which can be available under the law of torts. Different injuries can occur in any construction site. Some of these injuries can include the followings; the head injuries that can be caused by the falling objects, for example, the materials as well as the tools. These injuries can lead to traumatic brain injuries, so the employees or the worker should be protected by the use of a hard hat (Stelzer et al., 2016, p93). Another injury that can occur is the spinal cord injuries, and this may result after a person falls from the ladder, for example in our case study, we are told that John felt down from a ladder while he was lifting the loads. Spinal cord injuries can be so, and it can lead to lifelong disabilities, full paralysis as well as brain damages. In most of the construction site, loads are usually referred to the forces which profoundly drive to stress to the workers. There are different types of structural loads which occur during the construction process. These loads can include the live loads, and examples of these can include the following; the beams, roofs as well as floors elements. Some of the workers may strain so much in lifting the heavy loads, and they may result in injuries in case one overstretch, or he improperly raises the loads. These injuries can occur in the tendons, the cartilage as well as the spinal bones.

Implications of the crime classification are considered to as significant as they make a difference of how the criminal charges, as well as the trials, are typically conducted. In the case of Mick, several implications arise, and some of them can include the following. The procedural consequences, these are whereby the criminal procedure usually sets four rules which generally governs the courts, law enforcement agents, the defendants and lastly the amendment that allows the police officers in making the warrantless arrests of a suspect at the public area like in the case of Mick. The enforcement officer will take action because Mick took action while he was still in work. For example, he may be arrested because the crime was committed while he was still in the office. But on the other hand, the officers cannot have shot the offender unless he attempts to escape, but he may do so while defending himself.

Mick may be charged with the capital offenses that are the felony capital offenses whereby the death penalty may be imposed with a sentence. These because for this charges to occurs, the firm usually have more than 100 employees, and for this case to be heard, there must be twelve people. These individuals should have a real agreement on the issue of guilt. On the other hand, the defendants who are charged with non-capital felonies, sometimes they may have the cases heard by around six jurors. But this typically depends on the jurisdiction, and also the size of the jury impaneled. Another potential penalty that may arise is the trial by the board. But this does not occur to the defendants who are typically charged with the infractions or even the petty offenses. All the defendants who are charged with the misdemeanors are normally entitled to the advice as well as the court representation.

In this case, the offender may apply the legitimate defense towards criminal law. Legal protection can be stated to be the principle which is universally accepted, whereby an individual mostly the offenders may protect themselves from any harm, by use of appropriate circumstances even if his behavior would constitute a crime. For example, the legal system of united stated, it usually allows the defendant to have a right to claim self-defense, wherever a person is accused of any violent crime. But for this to occurs, some specific rules should be observed which varies from jurisdiction to jurisdiction. The self-defense can be said to be the use of force in responding to any immediate threat. This threat can be a verbal threat if it puts a victim to an immediate fear. On the other side, the use of self-defense force usually loss the justification once the risk has come into an end. In the case study, Mick uses the imperfect self-defense due to be a genuine fear that he faces and this makes him respond to physical harm which can be considered as unreasonable. The imperfect self-defense it does not excuse an individual from the criminal violence, but it lessens typically any charges as well as the penalties which may be involved.

Typically, there are two areas or field of law that governs the health and safety of the employees. We have a common law that generally deals with the negligence cover as well as the claims about compensation. There another one is the criminal law, that its usually called the health and safety at work law. The criminal act that would apply in the case of John according to the manual handling regulation of 1992, it's the health and safety at the workplace law. This is because of it the most exclusively law that deals with the health and safety measures in the workplace. For example, when looking at the health and safety measures, criminal law has its traditions which every employee should be observing. For example, John did not follow the culture of the firm as he was supposed only to lift one load at a time, but he intended to lift three weights not forgetting that he was using a ladder and it can fall at any time.

This law has its regulations, and from the case of John, his employer should have set out some of the general rules that every individual working there should follow. For example, the other employees could have warned John of what he was doing while they were working, but instead they were happy because John was contributing too much into work hence it was progressing so quickly. Also, the employees should also help towards the set rules and regulations that have been established by their employer, so that they can ensure reflective practice. In the welfare of the health and the safety, the primary requirement of the employer is to be having a risk assessment which should be carried out in a potential hazard that mainly causes the harm.

Duties and Responsibilities of Employers Towards Employees

For the firms to avoid the manual handling operational cases, the employers, as well as the employees, have different functions and duties that should always be observed. In firms, employers are the one responsible for the management of health and safety that is under the law. Some of these responsibilities of the employers can include the following. Every employer must provide full protection of the health and safety measures towards their employees, and also all the people who are connected to the substantial risk (Varcin-Coad, 2017, p 141-152). So, employers should always make sure that the workers and other people are protected from any factor that can cause harm. Also, employers should effectively control all the risks that can arise in the workplace.

In every workplace, the employer has a duty to asses' risks, under the health and safety law. These assessments should highlight all the dangers that may occur as well as contributing harms. After the evaluation, the employer should always give information to the employees about the possible risks in the workplace, and address them on how they have been protected from it. Then there should be a training of how the employees should handle the risk in case it occurs while there are working. The employer must consult the employees in the issues of health and safety. This consultation can be a direct or indirect approach. In the case of the direct method, it is whereby the employer will approach the employees directly, and they communicate more about the health and the safety issues risk (Varcin-Coad, 2017, p 141-152). Sometimes it can be indirect, and this is where the employees are approached by a safety representative who is typically appointed by the trade union.

Under the health and safety regulations information towards the employees, the employer has a duty of displaying the approved poster at the workplace or even providing each employee with an approved leaflet copy. These copies should contain the law of health and safety that the employees need to know. In case the employees think or see that their employer is trying to expose them into risk, or even if the employer is not carrying out any of the legal responsibilities or the duties about the health and the safety of the employees, they should take actions. These complaints of the workers or the employees should be sought to the health and safety of the employee's union. To the new employees, the employer has to offer guidance to them on the issues of the health and safety in the firm. For example, the new employees should be informed about the possible risks that can occur and be taught on how they should respond to such threats. Also, the new employees should be guided on the importance of observing the cultures of the firms as they may be of great help to them (Stelzer et al., 2016, p93). When these new workers are given enough guidance, it minimizes the chances of injuries from occurring, as they will ensure they protect themselves from these job hazards. This well helps the firm to continue running effectively; hence production will increase.

The Need for Manual Handling Operations

The manual handling operation content has some regulations that set a ranking system of measures towards the employers, and are required to be followed. These measures can include; the employer should avoid any hazardous manual handling operations in the firm or the business...