Chapter 16Employing labourAll forms of supply are included and this part of the
1974 Act covers the supplying by way of sale, leasing,
hire or hire-purchase.
As regards the installation and erection of equipment,
the 1974 Act provides that it is the duty of any person
who erects or installs any article for use at work in any
premises where the article is to be used by people at
work to make sure, as far as is reasonably practicable,
that nothing about the way in which it is erected or
installed makes it unsafe or a risk to health when prop-
erly used.
Under amendments made by the Consumer Protec-
tion Act 1987 the above general duties are extended to
those who supply any article of fairground equipment.
Research, examination and testing
This part of the 1974 Act makes it the duty of any
person who undertakes the design or manufacture of an
article for use at work or the manufacture of a substance
for use at work to carry out or arrange for the carrying out
of any necessary research with a view to the discovery,
and, so far as is reasonably practicable, the elimination
or minimisation of any risks to health or safety to which
the design, article or substance may give rise.
There is no need to repeat any testing, examination
or research which has been done by someone else if it is
reasonable to rely on the results of another’s testing, ex-
amination or research. For example, those who lease goods
are not required to go again through the manufacturer’s
testing, examination and research programmes.
If you design, manufacture, import or supply an article
to someone else’s specification or request, the Act says
that if you have a written undertaking as part of the
documentation of the contract from that person to take
specified steps sufficient to ensure, so far as is reasonably
practicable, that the article will be safe and without risk
to health when properly used, then the written under-
taking will relieve the designer, manufacturer, importer
or supplier of liability to such an extent as is reasonable
having regard to the terms of the undertaking.
General duties of employees at work
It is the duty of every employee while at work:
1 To take reasonable care for the health and safety of
himself and of other persons who may be affected by his
acts or omissions at work.
2 As regards any duty or requirement put upon his
employer or any other person by the relevant Acts of
Parliament, to co-operate with him so far as is necessary
to enable that duty or requirement to be carried out or
complied with. Therefore, if the employer is required to
provide his workers with goggles, the workers have a
duty to wear them.
Furthermore, the 1974 Act provides that no person
shall intentionally or recklessly interfere with or misuse
anything provided in the interests of health, safety or
welfare, e.g. remove a safety guard from a machine. To do
so is an offence for which the employee can be prosecuted.
These are useful sections which could enable an em-
ployer to enforce his safety policies. Some workers are
reluctant to use safety equipment, such as machine guards,
because they feel it slows them down or prevents the
most efficient operation of the machine in terms of its
production. If the employee’s wages depend, because
of the system of payment, upon his production, then it
is even more difficult to gain his acceptance of safety
devices which might affect production.
In this connection it should be noted that an em-
ployee’s consent to a dangerous practice, or his willing
participation in it, is no defence for an employer who is
prosecuted under the Act.Duty not to charge employees for
things done or provided by the
employer by law
The 1974 Act states that no employer shall levy or per-
mit to be levied on any employee of his any charge in
respect of anything done or provided by the employer
as a result of the provisions of an Act of Parliament
or statutory instrument. This would apply, for example,
to personal protective clothing which an employer
was required to provide by law. For example, in work-
places where there is a noise hazard from a woodwork-
ing machine, ear protectors must be provided and the
employee must not be charged for them. The employee,
in turn, must treat them properly and not misuse them.The statutory duties and civil liability
As we have already noted, civil liability has been ex-
tended to cover breaches of health and safety legislation
(see further, p 508 ).
However, the ordinary action for negligence at com-
mon law remains available. If there is an action by an507