Legal Issues in Workplace Safety and Risk Management

Scenario: Alan's Heart Attack While Driving

Question 1Alan is employed as a full-time driver for Supply Company Limited (SCL). SCL has a policy that their employees are required to carry on their employees in their vehicle. A notice is placed on every SCL’s vehicle indicating that:“Only employees ofSCL are allowed to be transported in the vehicle. SCL shall not be liable for any other persons travelling in the vehicle”.On 5 January 2015, Alan was asked to drive to the premises of Keep Clean Company (KCC) in Changi to collect some materials for SCL. Baskar, an employee of Longlive Plumbing Services who was doing some plumbing works at the premises of SCL wanted to return to his company located at Tampines. As Baskar could not get a taxi, he requested Alan to drop him on his way. Alan agreed as KCC was onhis way to Changi.Somewhere along Geylang Road, Alansuffers a severe chest pain. Baskar asks if Alan was alright to continue driving and Alan said he was fine. As Alan continued driving, he lost consciousness and crashed into a traffic lamp-post. Baskar was thrown out of the van and was severely injured. Baskar was not wearing his seat belt and if he had worn it, his injuries may not have been so severe. Alan was later found to have suffered a heart attack and he couldn’trecollect anything. (a)Discuss whether Baskar can sue Alan or any other party for the injuries suffered by him?(b)Whether SCL is vicariously liable for Alan’s negligence?(c)Can Alan and SCL claim contributory negligence against Baskar?Question 2“A new Workplace Safety and Health framework aims to lower accident rates, increase productivity, improve staff morale as well as create a better corporate image and companies are encouraged to be proactive in doing risk management and setting safety standards within their organization”. (a)Identifythe 5 simple steps involved in a risk management? (b)Describe and illustratehow the above 5 simple steps can be managedatyour workplace?