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Posted By Bill Elliott
Help me out here chums! - a halfway decent summary of the case law would be VERY gratefully received as I appear to be getting nowhere with an internet search except that it is mentioned in the Associated Octel case.
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Posted By Mike Craven
Bill
Its about Directors responsibilites and a contract cleaning company.
"Both the contract window cleaning firm and the seld-employed window cleaner have a statutory duty to provide protection {under HSWA 1974 2(1)(2), 3(2)} and the employer/occupier under Regs 15 & 16 of the Workplace Regs 1992. This applies to contract cleaning companies (not just of windows) in respect of equipment left on the occupiers premises and used by the occupiers employees, even though the contract cleaning company is not actually working.
In R V Mara, one of the occupiers employees was electrocuted when using a polisher/scrubber, which had a defective cable, to clean a loading bay on a Saturday afternoon, when the cleaning company did not operate.It was held that the director of the cleaning company was in breach of HSWA 1974 3(1). In addition, if an accident arose from the work, the cleaning company could, as employer, be liable at common law, if it failed to take reasonable care and exercise control."
The case of King V Smith is connected
The case is referred to in the Associated Octel case.
Mike
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Rank: Guest
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Posted By Kate Graham
It seems there was an agreement between a client company and a cleaning contractor that the contractor's cleaning equipment would be kept at the client's premises and could be used by the client's employees when required. The equipment was defective and one of the client's employees was electrocuted while using it. The contractor was successfully prosecuted under HSW Act s.3 and their argument that they were not "conducting their undertaking" at the time was rejected.
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Rank: Guest
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Posted By Kate Graham
Bah, no one answers all day and then I get crossed in the post!
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Rank: Guest
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Posted By Mike Craven
Kate
And I was merrily typing away thinking to myself "what a boring git, bet no-one else is sad enough to quote the case of Regina V Mara - especially at 3.30 on a Friday afternoon!!!!!!!!"
Mike
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