Civil Engineering Reference
In-Depth Information
Figure 1.11
Employers are responsible for all persons affected by their work
Employers are also responsible for ensuring the
safety of other persons who may be affected by their
work activities and thus the law implies that assessment
of risk, in relation to such persons, should be undertaken.
Such persons may be:
➤
That plant or substances that are made available are
safe and without risk.
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 visi-
tor 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 reason-
able manner.
The 1984 Act extends the duty to other persons and
takes into account trespassers. In these circumstances
the occupier must take reasonable care to ensure that
anyone on the premises, invited or uninvited, will not
be harmed by a condition or activity and it is therefore
the occupier's responsibility to know of the dangers that
people may face and if trespassers operate in the vicinity.
➤
Contractors undertaking works
➤
Visitors
➤
Members of the public
➤
Emergency service personnel (undertaking their
duties)
➤
Enforcement agency staff.
The employer is also required to make provision for
other items in relation to safety for which they are not
able to charge, e.g. personal protective equipment (PPE)
for protecting a person's eyes.
Occupiers (persons in control of premises)
Occupiers having overall control of premises also have
duties to ensure the safety of persons while on the
premises, e.g. a council allowing organisations/persons
to utilise council land (parks) for which they have over-
all control are responsible for all persons coming onto
them, so far as is reasonably practicable.
Occupiers therefore need to ensure, so far as is
reasonably practicable:
Designers, manufacturers, suppliers, importers,
installers, etc.
The HSWA places duties on persons who design, manu-
facturer, import, supply or install any article or substance
used at work.
The duty that the Act imposes on these persons is,
so far as is reasonably practicable, to:
➤
The safe access and egress of persons to and from
the premises they have control over
➤
Ensure goods and substances used at work are safe
and without risks to health when properly used
