Types of statutory duty

There are three levels or types of duty imposed by statute, which allow different responses to hazards. These are absolute duty, duty to do what is practicable, and duty to take steps that are reasonably practicable. Over the years, a body of case law has built up which gives guidance on the meaning of these duties in practice. Mostly, the cases have been decided in common law, in the course of actions for personal injuries which were based on alleged breach of statutory duty. 

Recently the attention of the criminal courts has been directed to the interpretation and application of section 3 

Since the early part of the nineteenth century, when more and more people began to earn their living in factories and workshops instead of agricultural and handicraft work. Parliament has become correspondingly active in passing laws to promote health and safety at work. The first such law was passed in 1802. 

In the Factories Act of 1937, construction work was first specifically included into safety law, which classed it as building operations and works of engineering construction (building sites being classed as factories ). Further amendments and alterations were made to the 1937 Factories Act in 1948 and 1959, with a final consolidating measure in 1961 to produce the final version. In 1961 and 1966, four sets of Regulations dealing with the construction industry were introduced and lasted for more than 30 years. 

Until 1974, health and safety law was aimed at types of premises (e.g. factories, construction sites, shops, and mines), and safety in defined types of work activity or processes — for example the grinding of metals or use of special types of machinery. 

---