A DUTY TO PROTECT FROM VIOLENT BEHAVIOUR: THE HEALTH AND SAFETY AT WORK ACT 1974 AND HOSPITAL SECURITY
| Pages | 385-394 |
| DOI | https://doi.org/10.1108/eb024786 |
| Published date | 01 February 1993 |
| Date | 01 February 1993 |
| Author | KENNETH ROGERS |
| Subject Matter | Accounting & finance |
A DUTY TO PROTECT FROM VIOLENT BEHAVIOUR: THE
HEALTH AND SAFETY AT WORK ACT 1974 AND HOSPITAL
SECURITY
Received (in revised form): 14th
June,
1993
KENNETH ROGERS
KENNETH ROGERS
IS
A FELLOW OF THE INSTITUTE OF
INTERNATIONAL SECURITY MANAGERS, THE
INSTITUTE OF INTERNATIONAL RISK AND
SAFETY MANAGERS AND THE BRITISH
INSTITUTE OF MANAGEMENT. HE IS A
LECTURER ON SECURITY MANAGEMENT AND
INDUSTRIAL SITUATIONS AND HAS LECTURED
AT EXETER
UNIVERSIITY
BUSINESS STUDIES.
PLYMOUTH MOD AND THE HOME OFFICE
CRIME PREVENTION CENTRE STAFFORD.
KENNETH ROGERS IS THE AUTHOR OF
ARTICLES ON SECURITY MANAGEMENT IN
INTERNATIONAL AND UK JOURNALS.
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
applic-
able 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
act2
or
default create
a situa-
tion in which
employees
are placed in
danger,
may find themselves open to
charges of
negligence,3
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.4
The Criminal Injuries
Compensation
Board (CICB) may provide the victim
with
what
amounts
to
damages
if he
or she
suf-
fered injury through another persons
criminal
act.
VIOLENCE TO STAFF IN THE
HEALTH SERVICE
According to statistics produced by
the Conservative Central Office
385
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