Safe System of Work in UK Law
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McDermid v Nash Dredging & Reclamation Company Ltd
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First, an employer owes to his employee a duty to exercise reasonable care to ensure that the system of work provided for him is a safe one. The essential characteristic of the duty is that, if it is not performed, it is no defence for the employer to show that he delegated its performance to a person, whether his servant or not his servant, whom he reasonably believed to be competent to perform it. Despite such delegation the employer is liable for the non-performance of the duty.
It was contended for the defendants that the negligence of Captain Sas was not negligence in failing to operate the safe system which he had devised. It was rather casual negligence in the course of operating such system, for which the defendants, since Captain Sas was not their servant, were not liable. It involved abandoning the safe system of work which he had devised and operating in its place a manifestly unsafe system.
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Christmas v General Cleaning Contractors Ltd
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It is, in my opinion, for that very reason that the Common Law demands that employers should take reasonable care to lay down a reasonably safe system of work. Their duties are not performed in the calm atmosphere of a board room with the advice of experts. They have to make their decisions on narrow window sills and other places of danger and in circumstances in which the dangers are obscured by repetition.
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Ferguson v Welsh
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It would not ordinarily be reasonable to expect an occupier of premises having engaged a contractor whom he has reasonable grounds for regarding as competent, to supervise the contractor's activities in order to ensure that he was discharging his duty to his employees to observe a safe system of work.
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King v Sussex Ambulance NHS Trust
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Such public servants accept the risks which are inherent in their work, but not the risks which the exercise of reasonable care on the part of those who owe them a duty of care could avoid. An employer owes his employees a duty to take reasonable care to provide safe equipment and a safe system of work, which includes assessing the tasks to be undertaken, training in how to perform those tasks as safely as possible, and supervision in performing them.
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Chandler v Cape Plc
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In summary, this case demonstrates that in appropriate circumstances the law may impose on a parent company responsibility for the health and safety of its subsidiary's employees.
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Smith v Austin Lifts Ltd
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Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995
... ... of Schedule 3 to, the Health and Safety at Work etc. Act 1974 1 (“the 1974 Act”), by section ... of the operation of, a relevant transport system; ... “approved” means approved for the time ... (ii) where a fail-safe device or safe system of work functioned so as to ... ...
- The Health Protection (Coronavirus, International Travel) (England) Regulations 2020
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The Manufacture and Storage of Explosives Regulations 2005
... ... of Schedule 3 to, the Health and Safety at Work etc. Act 1974 1 (“the 1974 Act”) and of all ... “mine” means an excavation or system of excavations, including all such excavations to ... (a) (a) provides for their safe manufacture and storage; and ... (b) (b) ... ...
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The Control of Asbestos Regulations 2012
... ... of Schedule 3 to, the Health and Safety at Work etc. Act 1974 (“the 1974 Act”) and section ... controls to minimise exposure,(iv) safe work practices, control measures, and protective ... , except in a totally enclosed distribution system,unless it is in a sealed receptacle or, where ... ...
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Employment, health and safety
... ... safety obligations at common law 1582 (i) Safe system of work 1582 (ii) Scope of employer’s ... ...
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Implied Duty to Give Information During Performance of Contracts
... ... In the context of health and safety at work, the duty of disclosure of information ... duty to devise a reasonably safe system of work. It would clearly ... ...
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A DUTY TO PROTECT FROM VIOLENT BEHAVIOUR: THE HEALTH AND SAFETY AT WORK ACT 1974 AND HOSPITAL SECURITY
This paper in the main considers safety of staff within hospitals, although many of the problems faced by staff, particularly nurses, are experienced in a variety of organisations which come in clo...... ... staff to identify the nature and extent of all risks and to provide a safe working environment. This is a question not only of common law but also of ... pro-vide: 1 The provision and maintenance of a healthy and safe system of work. 2 Healthy and safe working en-vironment. 3 Healthy and safe ... ...
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The Doctrine of Identification, Causation and Corporate Liability for Manslaughter
This article examines corporate liability for manslaughter. It considers the legal effect of the ‘identification’ doctrine and how it operates as a legal barrier to potential corporate liability. T...... ... 3(1) and 33(1) of the Health and Safety at Work, etc., Act 1974. Section 3(1) imposes a duty ... , that persons not in his employment are safe. Section 33 creates an offence of non- ... of his duty of care to establish a safe system of work. So, for example, in the Great ... ...
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Assumption of Direct Responsibility for a Subsidiary's Liabilities – Is the Corporate Limited Liability Veil in Tatters?
In the landmark decision of Chandler v Cape plc (2012) EWCA Civ 525 the Court of Appeal for England and Wales has upheld a High Court decision that a parent company owed a direct duty of care towar...... ... of one of its subsidiaries to ensure a safe system of work. This case has expanded the ... ...
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Working From Home
... ... to remember that their duties to provide a safe system of work and ... to safeguard third parties ... ...
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World Mental Health Day 2017
... ... ' duties in this area include to provide a safe system of work and not to discriminate against ... ...
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Learning Support Assistant Was Constructively Dismissed In Relation To Health And Safety Failings
... ... safe workplace and to provide a safe system of work ... ...