Scope of legal duties

The Health and Safety at Work etc Act 1974 (HSWA) places a number of general duties on employers and others, breach of which is a criminal offence. While health and safety regulations impose more specific (and sometimes stricter) requirements, the overarching duties on employers are those contained in sections 2 and 3 of the HSWA. These require employers to ensure, so far as reasonably practicable, the health and safety of employees and non-employees affected by the conduct of the undertaking. 

Employers can delegate the performance of the duties to others, but not responsibility for non-performance. Even if an organisation has devised a safe system of work, a failure to operate that system, whether by an employee or contractor, is likely to place the employer in breach of its duty. Reasonably practicable steps will include not only instructing on safety procedures but also ensuring that they are followed, such as by reasonable supervision and monitoring.

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