Workplace Particular General Duties

Workplace Particular General Duties


Compliance with the Workplace (Health, Safety & Welfare) Regulations 1992 or any other specific rules relating to the workplace does NOT of itself mean that the employer has fulfilled his particular general duties under the Health and Safety at Work Act that relate to the work premises and working environment. These particular general duties, as set out below, must be complied with where it is reasonably practicable to exceed the requirements of specific rules:

Plant Forming Part Of Workplace

The employer has to provide plant (such as for heating and ventilation, escalators, automatic doors and other installations or structural equipment) that is, so far as is reasonably practicable, safe and without risks to health as regards his employees, and further, he is required to maintain such plant so that it remains, so far as is reasonably practicable, safe and without risks to health as regards his employees.

Where the employer makes his premises available as a workplace for non-employees (e.g. allows on-site maintenance of equipment by a contractor's staff, or rents out an office or workshop to another firm), or as a place where non-employees may use plant or substances provided for their use (e.g. a school's pupils, or a launderette's customers), the employer must take such measures as it is reasonable for a person in his position to take to ensure, so far as is reasonably practicable, that any plant in the premises or provided for use there is safe and without risks to health as regards non-employees.

Systems Of Work At The Workplace

The employer has to provide systems of work that are, so far as is reasonably practicable, safe and without risks to health as regards his employees. In addition, the employer has to maintain such systems of work so that they remain, so far as is reasonably practicable, safe and without risks to health as regards his employees;

Information About Risks Related Directly To The Workplace

The employer has to provide such information as may be necessary to employees or to any other person as is necessary to ensure, so far as is reasonably practicable, the health and safety at work of his employees.

Instructions On Avoiding Risks Related Directly To The Workplace

The employer has to provide such instruction as may be necessary to employees or to any other person as is necessary to ensure, so far as is reasonably practicable, the health and safety at work of his employees;

Training To Avoid Risks Related Directly To The Workplace

The employer has to provide such training as may be necessary to employees or to any other person as is necessary to ensure, so far as is reasonably practicable, the health and safety at work of his employees.

Supervision To Avoid Risks Related Directly To The Workplace

The employer has to provide such supervision as may be necessary to employees or to any other person as is necessary to ensure, so far as is reasonably practicable, the health and safety at work of his employees.

Maintenance Of Safe And Healthy Workplace

The employer has to maintain, so far as is reasonably practicable, any place of work under the employer's control in a condition that is safe and without risks to health as regards his employees.

Where the employer makes his premises available as a workplace for non-employees (e.g. allows on-site maintenance of equipment by a contractor's staff, or rents out an office or workshop to another firm), or as a place where non-employees may use plant or substances provided for their use (e.g. a school's pupils, or a launderette's customers), the employer must take such measures as it is reasonable for a person in his position to take to ensure, so far as is reasonably practicable, that the premises are safe and without risks to health as regards non-employees;

Safe And Healthy Access And Egress For Employees

The employer has to provide, so far as is reasonably practicable, means of access to and egress from any place of work under the employer's control that are safe and without risks to health as regards his employees.

Also, the employer has to maintain, so far as is reasonably practicable, means of access to and egress from any place of work under the employer's control so that they remain safe and without risks to health as regards his employees;

Safe And Healthy Access And Egress For Non-Employees

Where the employer makes his premises available as a workplace for non-employees (e.g. allows on-site maintenance of equipment by a contractor's staff), or as a place where non-employees (e.g. a school's pupils) may use plant or substances provided for their use, the employer must take such measures as it is reasonable for a person in his position to take to ensure, so far as is reasonably practicable, that all means of access thereto or egress therefrom available for use by non-employees using the premises are safe and without risks to health.

Safe and Healthy Working Environment for Employees

The employer has to provide a working environment for his employees that is, so far as is reasonably practicable, safe and without risks to health, as well as providing a working environment for his employees that is, so far as is reasonably practicable, adequate as regards facilities and arrangements for their welfare at work.

To comply with these particular general duties it may be necessary to do more than is required by specific rules. It is necessary to do more if the cost, time and effort of doing more is justified for achieving a greater reduction of a risk than can be achieved by merely complying with specific rules.

Example:

The Workplace Regulations cover means of access and egress except for public roads. An employer who limits his management of access and egress risks to the requirements of the Workplace Regulations would be in breach of his particular general duties for access and egress if he fails to address risk controls relating to public roads. Thus, the employer who clears ice from his front steps but not from the pavement onto which people tread from the steps could not argue that he has done all that is reasonable practicable to protect people from slipping when leaving his premises.

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