Duties of employers

The general duties of employers to their employees are set down in Section 2 of the Act. 

Section 2(1) It shall be the duty of every employer to ensure, so far as reasonably practicable, the health, safety and welfare at work of all his employees . 

Section 2(2)(a) the provision and maintenance of plant and systems of work that are, so far as is reasonably practicable, safe and without risks to health . 

This is a general requirement covering all plant, which the Act defines as including machinery, equipment and appliances used at work. It does not supersede the more detailed and specific provisions covering certain equipment contained in other legislation, but it applies to all plant used in any work activity, whether or not subject to existing safety legislation. 

Section 2(2)(b) arrangements for ensuring, so far as is reasonably practicable, safety and absence of risks to health in connection with the use, handling, storage and transport of articles and substances . 

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It is the duty of employers, as far as is reasonably practicable, to safeguard the health, safety and welfare of the people who work for them and others who may be affected. This applies in particular to the provision and maintenance of safe plant and equipment and methods of work, and covers all plant, equipment and substances used. Specific areas that require attention include ... 

API is not undertaking to meet the duties of employers, manufacturers, or suppliers to warn and properly train and equip their employees, and others exposed, concerning health and safety risks and precautions, nor undertaking their obligations under local, state, or federal laws. 

API IS NOT UNDERTAKING TO MEET THE DUTIES OF EMPLOYERS, MANUFACTURERS, OR SUPPEIERS TO WARN OR PROPERLY TRAIN AND EQUIP THEIR EMPEOYEES, AND OTHERS EXPOSED, CONCERNING HEAETH AND SAFETY RISKS AND PRECAUTIONS, NOR UNDERTAKING THEIR OBEIGATIONS UNDER EOCAE, STATE, OR FEDERAE EAWS. 

The Health and Safety at Work Act 1568/85, was the first attempt at modem health and safety legislation was which contained the general health and safety duties of employers, provisions for worker representation and requirements for employers in larger enterprises to appoint occupational healdi and safety professionals to advise them on carrying out their responsibilities. Article 26 of Chapter V (echoing Dir.80/1107/EEC) obliges the emplo r to take measures to avoid or minimize the exposure of workers to hazardous agents, wherever this is practicable. In all events the level of exposure must be lower that the level defined as the exposure limit value . 

The first part of s. 2 contains a general statement of the duties of employers to their employees while at work and is qualified in subsection (2) which instances particular obligations to ... 

The general duties of employers and self-employed persons include in s. 3 a requirement to conduct their undertakings in such a way that persons other than their employees are not exposed to risks to their health and safety. In certain cases information may have to be given as to what these risks are. 

In general, the duties of employers with respect to employees apply also to other persons who may be affected by the work activity. Prior to doing any work in which persons would or are liable to be affected by asbestos, the asbestos must be identified or assumed to be crocidolite or amosite, treated accordingly and an assessment of the exposure must be made. The assessment shall determine the nature and degree of exposure and the steps to be taken to prevent the exposure or to reduce it to the lowest reasonably practical level. 

Duties of employers whose employees perform work subject to this standard in or adja-... 

The key section in Robens-style legislation is the duty of employers. Errrplqyers are reqnired to provide a work environment, plarrt and system of work which, so far as is reasonably practicable (the wording of this varies between jrrrisdictiorrs), do not preserrt a threat to the health and safety of employees. They must also consult with workers and provide adequate information, instruction and training, and report accidents of certain types (in some cases also critical incidents) to the relevant OSH authority. Employees are also subject to a number of duties which are enforceable in law. 

Section 3 Duties of employers to others affected by their undertaking... 

The general duties of employers to their employees in section 2 of the Health and Safety at Work Act 1974 imply the need for risk assessment. This duty was also extended by section 3 of the Act to anybody else affected by activities of the employer - contractors, visitors, customers or members of the public. However, the Management of Health and Safety at Work Regulations are much more specific concerning the need for risk assessment. The following requirements are laid down in those regulations ... 

Duties of employers - avoidance of manual handling - Regulation 4(1)(a)... 

The duties of employers, thus well established in common law, became encoded in criminal law in the 1974 Act where these duties are applied to the extent that is reasonably practicable. The meaning of this pluase was summarised in a common law case by Lord Asquith in his judgement in Edwards v. National Coal Board. He said ... 

Identified within Part 3 Chapter 1 and Schedule 2 of the FSA are the duties of employers to employees and duties in relation to relevant premises. 

A tort is a civil wrong. The common law duties of employers listed above are part of the general law of negligence and, as such, are specific aspects of the duty to take reasonable care. Negligence has been defined as ... 

General duties of employers and self-employed to persons other than their employees (Section 3)... 

This Regulation reinforces and expands the duties of employers towards employees under Section 7 of the HSWA. In the light of these requirements employers should install some form of hazard reporting system, whereby employees can report hazards to their employer or appointed competent person. Such a system should ensure a prompt response where hazards are identified, with the competent person signing off the hazard report when the hazard has been eliminated or controlled. 

These are produced by the British Standards Institute. They provide soxmd guidance on numerous issues and are frequently referred to by enforcement officers as the correct way of complying with a legal duty. For instance, British Standard 5304 Safeguarding of machinery is commonly quoted in conjunction with the duties of employers under Sec. 14 of the Factories Act 1961 to provide and maintain safe machinery. 

Regulation 4 of these Regulations is concerned with the duties of employers thus ... 

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