Health and Safety - Scottish Construction Contracts - page 437

Chapter 20
Health and Safety
20.1 Introduction
The issue of health and safety is a significant one in the construction industry. It is an
industry that is inherently dangerous by virtue of the nature of the site environment
andtheoperationsinvolved.Itisalsoanindustrythathasapoorrecordinrelationto
accidents.Whileemployers(intheconstructionsense)havedutiesinrespectofhealth
and safety, the most significant responsibilities in this field will fall upon contractors
and sub-contractors, in their role as employer in the employer/employee sense.
A detailed examination of the law of health and safety is beyond the scope of this
book. We will, however, consider in some detail the primary statute and the most
significant subordinate legislation from the point of view of the construction industry.
20.2 Common law
At common law, employers have an obligation to provide competent staff, adequate
material, a proper system of work, effective supervision and a safe place of work, see
Wilsons and Clyde Coal Co. Ltd v. English (1938). (1938).They also have a duty to instruct and
to take steps to ensure that instructions are carried out, see McWilliams v. Sir William
Arrol & Co. Ltd and Another (1962).
The law relating to health and safety has relevance both in a civil and criminal con-
text. Notwithstanding the fact that much, indeed the vast majority, of the law of health
and safety at work in Scotland is to be found in statutory materials, the common law
still has a relevance.
That relevance is particularly notable in civil cases. It is highlighted by section 47 of
the Health and Safety at Work etc. Act 1974 (henceforth 'the 1974 Act'). In terms of
s47(1)(a), the 1974 Act does not confer a right of action in civil proceedings in respect
of failures to comply with any duty imposed by sections 2-7 of it, which sections
we consider in detail below. However, it falls to be contrasted with s.47(2) whereby
a breach of duty imposed by health and safety regulations shall, so far as it causes
damage, be actionable, except insofar as the regulations provide otherwise.
Accordingly, in many civil cases, the common law is still of relevance, the basic
duty of the employer being to take reasonable care that the employee is not exposed
to unnecessary risk, see Longworth v. Coppas International (UK) Ltd (1985).
MacRoberts on Scottish Construction Contracts ,hirdEdition.MacRoberts.
© 2015 John Wiley & Sons, Ltd. Published 2015 by John Wiley & Sons, Ltd.