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#1 Posted : 27 March 2007 19:18:00(UTC)
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Posted By Steve Ferrett
Can someone remind me of the SI that states that an employer has a duty of care for his employees even if they are working on premises owned by another orgaisation!!!

Thanks
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#2 Posted : 27 March 2007 23:02:00(UTC)
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Posted By Rob Randall
Hi Steve,

try the Workplace Health Safety and Welfare Regs 1992.

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#3 Posted : 28 March 2007 08:27:00(UTC)
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Posted By Ian G Hutchings
Steve

It depends what your view on the term 'undertaking' is. The Health and Safety at Work etc. Act 1974 clearly outlines an employers responsibility for the health, safety and welfare of employees. Plenty of Regs also refer to this, such as the requirement to assess risk in the Management Regs.

I cannot see how anyone could argue that they don't have a responsibility if their employee is working on someone else's premises. There is plenty of law and case law to back this up.

What's the impact on the business if someone gets hurt? Is it not enough to say that we don't really want people getting hurt, wherever they are working?


All the best

Ian
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#4 Posted : 28 March 2007 09:45:00(UTC)
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Posted By Berg
I suggest quoting the Case Law rather than SI's

Donoghue v Stevenson [1932] AC 562, HL
"persons who are so closely and directly affected by my act that I ought reasonably to have them in contemplation as being so affected when I am directing my mind to the acts or omissions which are called in question.”
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#5 Posted : 28 March 2007 16:21:00(UTC)
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Posted By Steve Ferrett
Guys thanks for your advise!!!

I work for a company that draws the line at any supportive action to it`s employees that work in another organizations premises.

Just one example:

I requested that we desperately needed first aid kits and they responded with the argument that it was the responsibility of the organization that owns the premises to provide.

I pointed out that that was their duty of care and they flatly refused to support me on this issue...

I need the appropriate regulation to challenge this..

TIKFA (Help me in Arabic!!)
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