A regular member of a ship’s crew was injured when the ship was in dry dock. The Court of Appeal had held that the Regulations applied even though he was not emplyed by the appellant company.
Held: Affirmed. The power contained in section 79 power is a wide one and it had entitled the Secretary of State to make Regulations which could create a statutory duty to protect persons not employed directly in the process regulated.
The phrase ‘persons employed’ applied to ‘any person who is employed in the factory whether the direct servant of the occupier or a servant of an independent contractor so long as he is employed upon work in that factory’. Such a process, unless regulated, might be dangerous to others whose ordinary work in the factory brought them into regular proximity to the danger.
Viscount Kilmuir LC
[1958] AC 485, [1957] 3 All Er 572
Asbestos Industry Regulations 1931 2(a)
England and Wales
Citing:
Appeal from – Bryers v Canadian Pacific Streamships Ltd CA 1956
. .
Approved – Massey-Harris-Ferguson (Manufacturing) Ltd v Piper QBD 1956
‘persons employed’ where that expression was used in section 60 of the 1937 Act included not only servants of the occupier, but any other person who might be called on to do work in the factory, including a painter employed by an independent . .
Cited by:
Cited – McDonald v National Grid Electricity Transmission Plc SC 22-Oct-2014
Contact visiting plants supported asbestos claim
The deceased had worked as a lorry driver regularly collecting pulverized fuel ash from a power station. On his visits he was at areas with asbestos dust. He came to die from mesothelioma. His widow now pursued his claim that the respondent had . .
These lists may be incomplete.
Updated: 20 June 2021; Ref: scu.538240
