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Posted By Lucinda J
Can anyone define the employers duty of care for visitors and contractors and advise what the penalties are for breaching that duty of care?
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Posted By John A Wright
Well, I'll kick this off my suggesting simply that every employer has a duty to provide a safe workplace, and this applies to the welfare of employees, visitors and contractors.
Of course there is some detail to consider....
For example if an employer has contractors on site he needs to agree with them what they will be doing on site. If they have agreed how to do a job then the employer has a duty to provide a safe workplace for the performance of the job. Permits to work and risk assessments come in to play then.
The contractor also has a duty to care. He should not do anything that endangers the safety of others.
If I am guessing what you are really getting at, if the risk assessments are suitable and sufficient then, in the event of an accident, it should be clear who was at fault.
John W
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Posted By CFT Lucinda In a nutshell it is the law of negligence and may result in civil action being taken against 'you'. Probably the most famous case of them all and a stalwart for the teachers is; Donoghue V Stevenson 1932.To succeed in a claim for negligence, the claimant must establish that he was owed a Duty of Care, not always easy to prove. There is a huge volume of case law on duty of care and a little digging will lead you to another world; be prepared to be amazed though. Of course there are many situations where a duty of care may be assumed to exist,in addition, there are situations where the duty of care is imposed by statute; see, for example, the OccupiersLiabilityAct1957. There are essentially two kinds of DOC: A legal duty of care & a moral duty of care, in the legal term you may find a specific law for DOC such as 'The Environmental Protection (Duty of Care) Regulations 1991, and indeed the one I mentioned earlier. It is a big subject that encompasses what an employer has to do for you in the workplace, his visitors, contractors, uninvited visitors etc he should produce RA's, supply welfare facilities, a safe place of work and so it goes on; sorry I have only touched on it but as mentioned earlier it is a big one indeed. Have a look here for some comfy bedtime reading. http://www.oup.com/uk/or...287888/kidner_chap02.pdfRun some searches and try, 'negligence' 'tort & delict' `duty of care’ to our `neighbours’ 'Proximity' 'Forseeability' 'Negligent action or omission'Vicarious Liability', you'll find plenty of it. All the best CFT
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