Persons in control of premises

Section 4 of the HSW Act requires that Persons in control of non-domestic premises take such steps as are reasonabie in their position to ensure that there are no risks to the heaith and safety of peopie who are not empioyees but use the premises. This duty extends to  

Those in controi of premises are required to take a range of steps depending on the iikeiy use of the premises and the extent of their controi and knowiedge of the actual use of the premises. 

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In this it is easy to discern both the influence of the judgements at common law and the report of the Robens Committee. The above outlines the duties of an employer to his employees but, in addition. Section 3 of the Act requires both employers and the self-employed to ensitre that persons not in their employment (i.e. the general public) are not thereby exposed to risks to their health and safety. This section also requires a self-employed person not to risk his own health and safety in the course of his business. Section 4 of the Act places a similar duty on persons in control of premises. This duty is... 

Under section 4 of the HSWA, persons in control of premises have a duty to ensure, as far as is reasonably practicable, the safety of ... 

The HSW Act places general duties on all those involved with work activities including employers, the self-employed, persons in control of premises, employees and manufacturers and suppliers. These general duties are detailed in sections 2 to 9 and the penalties for breaching the requirements are detailed in section 33. 

Section 4 - General duty on persons in control of premises... 

Section 5 of this Act places a duty on persons having control of premises to take the best practicable means to prevent the emission into the atmosphere of noxious or offensive substances. This Section is used by HMIP in the enforcement of best practical means for the scheduled processes. 

The Order defines a responsible person, who may be the person in control of the premises or the owner. 

Section 4 applies to persons in charge of premises where people work and who are not their employees. They must ensure that the premises, any plant (including the fixed electrical installation) and the means of ingress and egress are safely maintained. An obvious example of the application of this duty is a construction site where the main contractor is the person in charge and in control of the site and who is responsible, therefore, for ensuring that the site is safe for the subcontractors labour forces. 

Occupiers also have a duty under the Occupiers Liability Acts 1957 and 1984. The original 1957 Act places a duty upon those in control of premises to ensure that any visitor is reasonably safe, having been invited or permitted by the occupier to be there. This duty includes children for whom there is a higher duty of care. The Act does also require that any person on site also acts in a reasonable manner. 

The term premises includes buildings, outdoor areas such as farms or railway lines but specifically excludes domestic premises. Persons in control of non-domestic premises include such persons as ... 

The RRFSO places additional legal duties for fire safety management on any person who is in control of a workplace. The RRFSO identifies the person in control of a premises as either ... 

It may be the case that one of the employers sharing a premises has control over the premises. Such wouid be the situation when a small portion of a premises is sublet. In this case the person in control of the premises should take the lead role in ensuring adequate fire safety arrangements and exchange of health and safety information is managed adequately. When there is such a situation the subletters will need to assist the person in control of the premises. 

In addition to the requirements of the Health and Safety at Work Act, which require employers, the self-employed and those in control of premises to ensure that the safety of persons (in addition to those employed in the work undertaking) are not affected by work activities, there is specific legislation which controls environmental pollution. This legislation is broadly concerned with discharges of effluent into the atmosphere and the ground water systems. 

General duty of persons in control of certain premises in relation to harmful emissions into atmosphere (Section 5)... 

Responsible person — this may be the employer of the person injured, a self-employed person, someone in control of premises where work is being carried out or someone who provides training for employment. The responsible person for reporting any particular injury or dangerous occurrence is determined by the circumstances, and the employment or other relationship of the person who is killed or suffers the injury or condition. 

In addition, the Occupiers Liability Acts, 1957 and 1984, impose a duty of care on the occupier of premises—that is the person or body in control of the premises—for the safety of visitors. This requires measures to be taken to ensure that lawful visitors are safe when using the premises for the agreed purpose of the visit. Teachers must thus ensure that they and the pupils, as visitors, work within a safe environment during their lessons and other sanctioned activities by reporting any faults to the head teacher so that the governing body or LEA, as occupiers , may take action. 

An application for a fire certificate should be made by the responsible person (that is, the person having control of the premises who may or may not be the occupier). The particulars to be included in an application are listed in schedule 2 of the Regulations. Such matters as address and description of premises, nature of processes carried on, nature and quantities of explosives or highly flammable substances and maximum number of persons likely to be in any building are to be included. If required the applicant must furnish plans, not only of the premises to be covered by the certificate but also of adjoining premises. 

Section 4 is concerned with the various duties owed by those who have control of premises to those who are not their employees. Subsection (3) states that where such a person enters non-domestic premises by virtue of a contract or tenancy which creates an obligation for maintenance or repair or responsibility for the safety of or absence from risks to health arising from plant or substances in any such premises, then the person deemed to be in control owes a duty to see that reasonable measures are taken to ensure that such premises, plant or substances are safe and without risks to the health of the person entering. This section therefore would provide that safety standards be extended to someone who enters a cinema (contract) or enters a factory to inspect machinery (licensee) in addition to the other aim of the Act which is concerned with the safety of employees. It should be noted that liability is on the person who has control over premises or who can be described as an occupier and that case law shows that more than one person can be in that position Wheat v. Lacon Co. Ltd ). 

Every person who has, to any extent, control of premises must ensure, so far as is reasonably practicable, that the premises, all means of access thereto or egress therefrom, and any plant or substances in the premises or provided for use there, is or are safe and without risks to health. 

Almost all employment relationships and the places of work involved, where the Health and Safety at Work etc. Act 1974 applies, are within scope. This includes all industrial sectors including the construction industry. All activities involving work equipment are covered, as is any work equipment made available for use in non-domestic premises. All the requirements apply to employers, the self-employed in respect of personal work equipment, and persons holding obligations under section 4 of the Health and Safety at Work etc. Act 1974 (control of premises) in connection with the carrying on of a trade, business or other undertaking. 

The first control of plague through the use of DDT was accomplished by the U. S. Army in Dakar in November and December 1944 and in Casablanca in July 1945 (8). The outbreak in Dakar had been active since April 20, 1944, and its complete control was apparently almost entirely due to the universal application of DDT in the native quarters to persons, beds, floors, walls, and premises generally. Following this experience, DDT was used more promptly in Casablanca. Macchiavello (13,14) considers, on the basis of his experience in Peru, that the use of DDT followed by the use of 1080 (sodium fluoroace-tate) may be the method of choice in the control of epidemics of bubonic plague. Pollock (20) using DDT alone successfully controlled an epidemic of plague in Haifa in July 1947. 

It should be noted that although the sale of GSL medicines from a pharmacy does not need to be under the supervision of a pharmacist, GSL medicines must still be sold under the personal control of a pharmacist. The term personal control comes from the Medicines Act 1968 and has never been interpreted in the courts. However, it is generally understood to mean that the pharmacist must be available on the premises. If the pharmacist is not available, no medicines (including GSL items) may be sold at all. For this reason, GSL medicines sold from pharmacies are often treated as pharmacy (P) medicines, which can only be sold from a pharmacy under the supervision of a pharmacist (see Section 1.3.2). Obviously, this restriction does not apply to GSL medicines sold from other (non-pharmacy) establishments. 

Packaging materials originate only from vendors named in the relevant specifications. It is of benefit that all aspects of the production and control of packaging materials are discussed between the manufacturer and the vendor. Particular attention is paid to printed packaging materials labels are examined or tested after receipt on the premises of the person who packages a drug. 

Occupational skin diseases health and safety precautions Acrylonitrile personal protective equipment Control of lead air sampling techniques and strategies Control of lead outside workers Control of lead pottery and related industries Control of exposure to polyvinyl chloride dust Control of exposure to talc dust Atmospheric pollution in car parks Benzidine based dyes. Health and safety precautions Probable asbestos dust concentrations at construction premises Work with asbestos cement Work with asbestos insulating board Ozone health hazards and precautionary measures Occupational exposure limits (updated yearly)... 

This duty must also be checked against yom relevant legislation but, generalfy, an occupier or a person who has control of non-domestic premises in which people work must ensure ... 

Part 1 - The RRFSO applies to all non-domestic premises including construction sites other than those listed in Article 6. The main duty holder is the responsible person in relation to the premises, defined in Article 3. The duties on the responsible person are extended to any person who has, to any extent, control of the premises to the extent of their control (Article 5). 

Regulation 11 does not apply to multi-occupied premises or sites where each unit, under the control of an individual tenarrt employer or self-employed person, is regarded as a separate workplace. In other cases, common areas may be shared workplaces, such as a reception area or carrteen or they may be under the control of a person to whom Section 4 of HSW Act applies. Suitable arrangements may need to be put in place for these areas. 

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