Is security personnel employed in the Irish Private Security Industry competent, is the capable guardian, capable??

Topic: Is security personnel employed in the Irish Private Security Industry competent, is the capable guardian, capable?Preferred language style: English (U.K.)The idea behid this chapter is to link in with the previous chapter you wrote and focus on the legal requirments which employers and host employers have to employees, sub contractor employees, customers, patrons, tresspassers etc. All these people are owed a ?Duty of Care?. Below wil give you an over view of health and safety legislation in ireland.It shall be the duty, according to the Safety, Health and Welfare at Work Act 1989, of every employer to ensure, insofar as is reasonably practicable, the safety, health and welfare at work of all employees. (Dolan, 2003:469). The 1989 Act has since been updated, now replaced with the 2005 Act, the 2005 Act has some changes and amendments to the 1989 Act, but the legislation concerning the legal duties of the employer remain the same.Section 8 of the Safety, Health and Welfare at Work Act 2005, is concerned with Duties of Employers, the general duty of the employer requires the employer to provide a safe place of work for its employees.? Manage a conduct work activities? Prevent improper conduct and behaviour in the workplace? Plan, organise, maintain and revise systems of work? Inform, instruct, train and supervise their employees? Prepare and revise emergency plans and measures to be taken when there is an emergency or a risk of serious or imminent danger? Obtain, where necessary, the services of a competent person for the purpose of ensuring the safety, health and welfare of their employees.Section 13 of the Safety, Health and Welfare at Work Act 2005, lists the duties of the employee which includes various duties imposed upon them such as not being under any intoxicant, attend training, report defects, and co-operate with the employer, but in particular there is a duty imposed upon the employee to protect his or her own safety, health and welfare and that of others who may be affected by their acts or omissions.The 2005 Act also extends to non employees, for example, patrons entering nightclub and shoppers entering a retail shop. According to Byrne (2007), employers must also conduct their undertaking so that individuals at their place of work who are not their employees are not exposed to risks to their safety, health and welfare.Dolans above 2003 statement and current legislation then places legal responsibilities on the employer to provide a safe place of work for its employees and non employees, in essence meaning a duty of care is owed to both employees and visitors to the premises of the employer. According Dolan (2003), in general there is no legal duty to avoid harming others, though the courts, in the last hundred years have recognised that a duty of care situation exists whenever a person should reasonably foresee that a course of conduct is likely to cause loss to another.Under common law in Ireland a duty of care is owed to those who enter premises, the entrant, the entrant is owed a duty of care by the occupier. The occupier according to Dolan (2003) means any person who has control over the state of the premises that it is reasonable to impose on that person a duty towards an entrant in respect of a particular danger existing on those premises. The duties, liabilities and rights of entrants and occupiers are found in the Occupiers Liability Act 1995. The Act divides entrants into three classes, visitors, recreational users and trespassers. According to Dolan (2003) the Act imposes a duty in respect of each class of entrant and according to Byrne (2007), duty of care is best viewed as accepting responsibility and liability for all acts or omissions which may result in loss to another.As well as the Safety, Health and Welfare at Work Act 2005 and The Occupiers Liability Act 1995, there is particular regulations and legislation for door security personnel, namely the Intoxicating Liquor Act 2003. This act is mainly concerned with combating drunkenness, disorderly conduct, underage drinking and binge drinking (Byrne, 2007:67). Door Security Personnel are charged particular responsibilities relating to the Act, which include vetting entrants to a bar or nightclub in respect of age, dress code, approaching behaviour, intoxicated and suspicion of drug use. Other responsibilities include removing persons from the premises for disorderly conduct, disorderly conduct according to Byrne (2007) is any unreasonable behaviour by a person on licensed premises which, having regard to all the circumstances, is likely to cause injury, fear or distress to any other person on the premises and includes, but is not limited to:? Violent, threatening, abusive, quarrelsome or insulting behaviour? Conduct causing damage to property? Conduct constituting an offence under the Firearms Acts or the Offences Against the Person Act? Conduct in breach of the duty of The Fire Services Act? Conduct likely to constitute a risk to the health, safety or welfare of any personAccording the Byrne (2007), persons guilty of disorderly conduct within premises must be removed from the premises, if the person refuse to leave the premises, reasonable force may be used by Door Security Personnel to remove the troublemaker. The implications of non-compliance with the Intoxicating Liquor Act, is that licenses for premises where alcohol is sold and consumed is renewed yearly by the revenue commissioners, renewal is generally an automatic process unless there is objections by the public or the police force. According to Byrne (2007), an important principle of the annual renewal process is to verify the peaceable and orderly manner in which the business was conducted during the previous year. Common objectives to renewal include criminality, public order, safety, noise and nuisance. Considering the role Door Security Personnel play in the night time economy, they then will play a key role in increasing the chances of a licensee in renewing their licence.The above will give you a general overview of the law in relation to health and safety in the workplace and the ?duty? that is owed. Section 19 of the safety, health and welfare at work act 2005 requires a risk assessment to be carried out, and where there is dangers to employees, adequate measures must be taken to minimise those dangers. For private security personnel, training, you would think should be provided on physical intervention to reduce the riks of injusty to employees, customers, patrons, tresspassers etc. You will also recall Isentwith a document on guidlines on risk assessment of the security industry published by the Health and Safety Authority. There also then appears to be a contradiction between two governmennt bodies, one, the ruglatory body (PSA) state no training in physical intervention required, the other, the health and safety authority (HSA) state where there is a risk to person wellbeing, training is required.Following on then from the legal aspects, there is the issue of death in custody, i.e. positional asphixia, once security personnel have a violent individual restrained, the violent individual is in there care, regardless of the crime they commit, without training in physical intervention, could the person in custody die under their care if not trained properly and unaware of the risks which go with restraints. If the person then dies in their care, there has also been a breach of the duty of care owed.You will also notice above under the employers duties, the law requires the employer to employ the services of a competent persons and ensure there are safe systems of wor, it is not that uncommon for security staff to work alone throughout the security industry. i.e. ?lone working?, what then happens when security personnel work on their own and are attacked, they may have communication equipment and panic alarm to alert someone to them being attacked, but does alerting someone reduce the risk of injury, as back will not arrive instantly, and the security guard may still have to defend themselves.I hope you get an idea of where I want to go with this chapter, there is a few arguments presented above which I would like you to work off. The headings within the chapter I am not sure, I would say an overall heading with a legal type heading and then a heading titled ?Implications of Physical Intervention? maybe to address the death in custody issues with not being properly trained in restraint techniques.In relation to the legal heading, could the be broken down into subheadings, such as employer duties, employee duties, etc tresspassers etc, Im not sure, will leave you to decide which flows best. In relation to the word count, I would like to see most of the word count go to the legal aspects as this is the broader area and the word count for ?implication of physical Intervention? possible no more than five or six hundred words.Again the analytical framework is the capable guardian and competency. I will upload legislation pertaining to health and safety in ireland if you need to read it for a full understanding.I hope the above gives clear insturction, if not please refer back to me for any clarifications, or indeed any ideas you may have which may be better.Customer at August 4 16:38 Dear Writer,Thank you. I have now uploaded the follwing documents:The Safety, Health and Welfare at Work Act 2005The Occupiers Liability Act 2005The Intoxicating Liquor Act 2003If you have any queries,require further clarification or have an idea you wish to bounce off me. I foundsendingthe draft to me on the last paper very helpful which ensured we were both on the same wave lenght, avoiding any complications.0. SHWW_ACT_2005.pdf 16:08 04 Aug 2011 0.3Mb1. OL_ACT_2005.pdf 16:08 04 Aug 2011 0.05Mb2. IL_ACT_2003.pdf 16:08 04 Aug 2011 0.43MbCategory: essay

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