The company had contracted to remove asbestos. Before work was to start, the inspector found defective equipment. The prosecutor appealed the acquittal on appeal to the Crown Court.
Held: An employer’s duty of care extends to all employees, and not just those working on a particular plant and even when the plant was not in use. The duty under s2 applied to all employees ‘at work’ and was not restricted to those intended to use the plant in question. The duty to provide safe equipment applied even though it had not been used.
Times 04-Aug-1994, Gazette 06-Jan-1993,  ICR 358, (1993) 137 SJLB 13,  IRLR 274,  COD 391
England and Wales
Employment, Health and Safety
Updated: 27 May 2022; Ref: scu.78474