A DUTY TO PROTECT FROM VIOLENT BEHAVIOUR: THE HEALTH AND SAFETY AT WORK ACT 1974 AND HOSPITAL SECURITY

Abstract

This paper in the main considers safety of staff within hospitals, although many of the problems faced by staff, particularly nurses, are experienced in a variety of organisations which come in close contact with the public and are therefore applicable to them. In the paper legislation in the Health and Safety at Work Act 1974 (HSAWA) is examined in the context of the safety of individuals in hospitals. Hospital authorites owe a duty of care to staff to identify the nature and extent of all risks and to provide a safe working environment. This is a question not only of common law but also of civil liability and of statute criminal liability under HSAWA. At common law employing authorities who fail to take reasonable care for the safety and welfare of staff or, who by negligent act or default create a situation in which employees are placed in danger, may find themselves open to charges of negligence, ordered to pay damages for any injury sustained and be accountable to law. It is the legal duty of employing authorities to take such care. The Criminal Injuries Compensation Board (CICB) may provide the victim with what amounts to damages if he or she suffered injury through another persons criminal act.

Citation

ROGERS, K. (1993), "A DUTY TO PROTECT FROM VIOLENT BEHAVIOUR: THE HEALTH AND SAFETY AT WORK ACT 1974 AND HOSPITAL SECURITY", Journal of Financial Regulation and Compliance, Vol. 1 No. 4, pp. 385-394. https://doi.org/10.1108/eb024786