The company was said to have failed in its duties under section 3(1) of the 1974 Act.
Held: The maintenance and cleaning of a company’s premises can be part of its undertaking, for which its managers are criminally responsible, even if outside contractors were used.
Stuart-Smith LJ said: ‘If there is a risk of injury to the health and safety of the persons not employed by the employer, whether to the contractor’s men or members of the public, and, a fortiori, if there is actual injury as a result of the conduct of that operation there is prima facie liability, subject to the defence of reasonable practicability.’
Judges:
Stuart-Smith LJ
Citations:
Times 03-Aug-1994, Gazette 07-Oct-1994, Ind Summary 29-Aug-1994, [1994] 4 All ER 1051
Statutes:
Health and Safety at Work Act 1974 2 3(1)
Jurisdiction:
England and Wales
Cited by:
Applied – Regina v British Steel Plc CACD 31-Dec-1994
British Steel employed two sub-contractors to work in moving a steel tower under their supervision. One platform fell on one of the sub-contractors, killing him. British Steel claimed they had delegated their responsibilities under the Act, and were . .
Cited – Hampstead Heath Winter Swimming Club and Another v Corporation of London and Another Admn 26-Apr-2005
Swimmers sought to be able to swim unsupervised in an open pond. The authority which owned the pond on Hampstead Heath wished to refuse permission fearing liability for any injury.
Held: It has always been a principle of the interpretation of . .
Lists of cited by and citing cases may be incomplete.
Health and Safety
Updated: 25 October 2022; Ref: scu.86063