Premises duties

Constant-pressure governors are required at various stages of the gas supply within the user s premises from the first pressure reduction from distribution pressure to supply pressure at the meter installation to the appliance governor. The complexity and design of the governor installation depends on pressure, throughput, duty, etc. In addition to governors, pressure-relief, slam-shut and non-return valves may be relevant in some installations. 

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. 

Section 4 General duties of persons concerned with premises to persons other than their employees. 

The committee s upper-bound market penetration case for fuel cell vehicles, premised on hybrid vehicle experience, assumes that fuel cell vehicles enter the U.S. light-duty vehicle market in 2015 in competition with conventional and hybrid electric vehicles, reaching 25 percent of light-duty... 

By contrast, the delivery of most medical care in the United States is now need-based—bureaucratic-statist, paid, partly or entirely, by Medicare, Medicaid, or so-called private health insurance. Access to, and reimbursement for, medical services is premised on the assumptions that its proper distribution is the duty of the state or other third party HMOs should approve and in-... 

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. 

Quickly finalise the technical and commercial conditions. This should be done after considering the landed cost of the items at premises after taking into account the statutory duties (if items are to be imported from another country) and any other costs involved for them (including unloading at site and storage). Take suitable steps to minimise the time required for loading and transport of such materials in suitable containers. 

Under Part 111 of the DDA, from 1 October 2004 service providers have had to take reasonable steps to remove, alter or provide reasonable means of avoiding physical features that make it impossible or unreasonably difficult for disabled people to use their services. The duty requires service providers to make reasonable adjustments to their premises so that disabled people can use the service and are not restricted by physical barriers. If this is not possible, the service should be provided by means of a reasonable alternative such as bringing goods to the disabled person or helping the person to find items. 

To be in a position to effectively address the problem of worksite violence, it is critical to understand its far-reaching nature. Workplace violence includes any act, occurring either on company premises or during the performance of work-related duties, that ... 

Workplace violence includes any act, occurring either on company premises or during the performance of work-related duties, that ... 

The powers of an Inspector to enable him to undertake his duties under this Act are given in Section 20 of the Act. They include power to enter, at any reasonable time, any premises which he has reason to believe it is necessary for him to enter for the purpose of carrying into effect any of the legal provisions within the field of responsibility of his enforcing authority. 

Duties are placed on Inspectors by Section 29(8) of the Act to disclose certain information to persons employed at premises to which the Act applies, to assist in keeping work people adequately informed about matters likely to affect their health, safety and welfare. This duty is in addition to that placed on the employer by Section 2(2)(c) (mentioned above) and may include factual information obtained by the Inspector which relates to the premises or anything being done there, and information with respect to any action which he has taken or proposes to take in, or in connection with, the premises. The Inspector is required to give the employer the same information as he gives to the employed persons. 

And your petitioners, waiving the expression of many important considerations which will offer themselves readily to the reflection of the general assembly, pray them to take the premises into deep and serious consideration and to do therein for their country what their wisdom shall deem best, and they as in duty bound shall ever pray c. 

The common law duty of care arises in almost every aspect of a public official s duties and responsibilities. Employees have a common law duty to repair or place off limits premises and equipment that are in a dangerous condition. Public safety employees have a duty to protect persons in their care and custody, including protective custody. Similarly, a public works department, when informed of a road hazard, has a duty under common law to repair defects. 

While they placed responsibility clearly on the occupier for the. safety of all work carried oiit on his premises they specified the occupier s duty to consult, specialists,. A clearance procedure by Criticality Clearance Committees was the first management technique for controlling criticality risk. As the scale of activities increased,, an Authority Criticality fospector evolved. The next step after this was to turn the responsibility for criticality clearance, to the establishment requiring the clearance as the establishments developed tiielr own criticality safety c ability. 

The coming into effect of The Fire Safety and Safety of Places of Sport Act 1987 amended but did not replace the FPA and gave the Fire Authority much wider powers. These include the power to charge a reasonable fee for the initial issue, or the amendment or the issue of a new fire certificate (s. 8B). Even though premises may be exempt from the requirements for a fire certificate there are duties to provide both means of escape and means of fighting fire (s. 9A). In order to assist occupiers to meet these duties the Secretary of State may issue Approved Codes of Practice and the fire authority may serve Improvement Notices if they think a code is not being met (ss. 9A-9F). 

The employer has a duty to prevent the spread of asbestos from the place of work. Premises, or parts of premises, where asbestos work is carried out... 

The responsibility of occupiers of land to those who legally enter the premises is to be found in the Occupier s Liability Acts of 1957 and 1984. The 1957 Act covers both tortious and contractual liability. The basic obligation is that the occupier owes a common duty of care to see that the premises are reasonably safe for the purpose for which the visitor has been permitted to enter (s. 2). It is possible of course for any contract that may exist between the occupier and the visitor to state a higher duty of care than that of s. 2. But under the Act it was possible for the occupier to exclude this... 

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 ). 

The 1957 Act defines the duty owed by the occupiers of premises to all persons lawfully on the premises in respect of ... 

A common duty of care to see a visitor will be reasonably safe in using the premises. ... 

An overal I statement of the duty owed by an employer to his employees is that he must take such care as is reasonable for the safety of his employees. That duty is owed to each and every employee as an individual, taking into account his own weaknesses and strengths, and is owed wherever the employee may be in the course of his employment, on or off the employer s premises. It is a duty which the employer owes personally to the employee and the employer remains responsible for a breach of that duty even if he has delegated the performance of that duty to someone else, for example to a safety consultant who might have a separate liability. The same applies if he has put his employee to work under the order of another party — McDermid v. Nash Dredging and Reclamation Co. Ltd. ... 

The employer is under a duty at common law to provide a reasonably safe place of work, relating to such matters as the provision of gangways clearly marked and free of obstruction, and the maintenance of floors and staircases. The duty is fulfilled through regular inspection of the workplace and keeping it in a safe state, free of hazard so far as reasonably practicable. It does not extend to protection from abnormal hazards which the employer could not reasonably have foreseen. For example, whilst in conditions of ice and snow, paths must as far as possible be sanded before the normal time for employees to arrive at the premises, if there is a sudden totally unexpected snowfall, the employer is not liable if paths are slippery or obstructed until he has had reasonable opportunity to remedy the situation. 

The duty extends to any place at which the employee works whether belonging to his employer or not, but it will depend on the circumstances whether the employer should have inspected them before sending his employees to work there, and perhaps had steps taken to make them safer. For example, no court would suggest the employer of a plumber sent out to work at a private house should first send the foreman or supervisor to inspect the house unless the employer had prior knowledge of some particular feature of the premises which introduced added risk. In most cases involving factory or site accidents the relevant section of the Factories Act 1961 or the Construction (Working Places) Regulations 1966 will be pleaded in addition to the duty at common law. 

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