A) What Health & Safety legislation or regulation have been broken and why?
The company broke the Health and Safety at Work Act 1974, this legislation states that they must check that all of the Equipment and machinery is working properly and having regular checks, the company must have sufficient safety checks and procedures are effective by doing risk assessments and must provide Information, training and instruction for all staff so they know the right ways to deal with problems or how to resolve them and work in a safe environment. They broke this legislation because they didn't do sufficient checks, training or effective risk assessments, they violated the legislation in more than one …show more content…
The employer was fully responsible in failure to act in accordance with the legislation and regulations because they produce risk assessments and must check that all of the equipment and machinery is working properly therefore meaning that the employer / manager would have a maintenance and checking system which requires them to go round looking at all the equipment but also the sufficient training and supervision. It could be possible that the checks were just not in place and the lack of organisation and communication was at fault around this unfortunate error that cause him to be injured.
I also feel that they neglected the duty of care for the apprentice not taking care whilst at work because the apprentice was working with an unmaintained machine, he was UN-supervised, with the lack of training a clearly unaware of any different he must have assumed that he was complying with the correct rules. As consequences the employer was responsible as they had a duty and a legal compliance to follow the relevant laws and regulation within the rules. The company now would run a risk of damaging their reputation, customers and other partnered companies would know you are breaking rules and regulation that is actually harming people, which is why it is important to learn and abide by the