General duties of employers

These are contained in sections 2, 3,4 and 9. By section 40, the burden of proof is transferred from the prosecution to the defence in prosecutions where it is alleged that the accused person or employer failed to do what was practicable or reasonably practicable as required, in the particular circumstances. Sections 36 and 37 provide for the personal prosecution of members of management in certain circumstances, notably in section 37 where they can be charged as well as, or instead of, the employer if the 

Employers must, as far as is reasonably practicable, safeguard the health, safety and welfare of employees (section 2). In particular, this extends to the provision and maintaining of  

There is an absolute duty on employers with five or more employees to prepare and revise as necessary a written statement of safety policy, which details the general policy and the particular organisation and arrangements for carrying it out. The policy must be brought to the notice of all the employees (section 2(3)). 

Employers must consult with employees on health and safety matters. They must also set up a statutory health and safety committee on request of trade union-appointed safety representatives, with the main function of keeping under review the measures taken to ensure the health and safety at work of employees (section 2 (4—7)). Regulations made in 1977 expanded employers duties to consult with trade union appointees. These are the Safety Representatives and Safety Committees Regulations, which describe the functions of safety representatives but do not impose any duties upon them. 

The self-employed, other employees and the public must not be exposed to danger or risks to health and safety from work activities (sections 3, 4). 

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Section 2 General duties of employers to their employees... 

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. 

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 ... 

The general duty of employers under the Act is to ensure, so far as is reasonably practicable, the health safety and welfare at work of all his employees. This general duty is extended to include the following specific requirements ... 

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

The basis for health and safety law in the United Kingdom is provided under the Health and Safety at Work Act 1974 (HSWA), which sets out the general duties that employers have to their employees, and members of the public, and that employees have to themselves and each other. The legislation helps to fulfil wider European requirements for health and safety and places a general duty on manufacturers to ensure that substances are safe when properly used and to carry out such tests as are necessary. 

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 Occupational Safety and Health Act of 1970 (OSH Act) clearly states that the general duty of all employers is to provide their employees with a work place free from recognized hazards. 

This guide concentrates primarily on chemical reaction hazards, but it must be emphasized that these process hazards must not be considered in isolation. Attention should be paid to all sources of hazard and the statutory requirements and the appropriate measures taken. What follows refers in most cases to relevant UK legislation similar statutory requirements apply in many other countries and readers should make appropriate mental adjustments as they progress through the book. The Health and Safety at Work, etc Act 1974 and subsidiary legislation controls health and safety at work in the UK. The Act imposes general duties on employers for the safety of employees and persons who may be affected by their undertakings. 

The Health and Safety at Work Act 1974 (HSWA) covers almost all work situations, and places general duties on employers to provide protection for all people at work and some protection to the general public. The HSWA is of over-riding importance, and its requirements should be considered before reference to other Acts and regulations that may also be applicable (see also Appendix 2). The HSWA places a number of general duties on employers, including ... 

The Provision and Use of Work Equipment Regulations 1998 place a general duty on employers to ensure minimum requirements of plant and equipment. 

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 ... 

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. 

A general duty of care by workplace parties such as employers, employees, contractors, the self-employed, occupiers, designers, importers, manufacturers, and suppliers. 

Employers also have a common law general duty of... 

Section 2 of the Act sets out the general duties that employers have to their employees for their health, safety and welfare. The flavour can, perhaps, best... 

Section 3 - General duty of the employer and the self-employed to other persons... 

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 ... 

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