The court considered whether the cleaning of a factory constituted part of its undertaking.
Held: ‘A factory, for example, may shut down on Saturdays and Sundays for manufacturing purposes, but the employer may have the premises cleaned by a contractor over the weekend. If the contractor’s employees are exposed to risks to health or safety because machinery is left insecure, or vats containing noxious substances are left unfenced, it is, in our judgment, clear that the factory owner is in breach of his duty under section 3(1). The way in which he conducts his undertaking is to close his factory for manufacturing purposes over the weekend and to have it cleaned during the shut down period. It would clearly be reasonably practicable to secure machinery and noxious vats, and on the plain wording of the section he would be in breach of his duty if he failed to do so.’
Judges:
Parker L.J
Citations:
[1987] 1 WLR 87
Statutes:
Health and Safety at Work Act 1974 3(1)
Jurisdiction:
England and Wales
Cited by:
Cited – Regina v Associated Octel Ltd HL 14-Nov-1996
The appellants operated a chemical plant. When the plant was shut down for its annual maintenance, an independent firm repaired a tank lining. An employee of that firm was working by electric light. He had to clean the tank with acetone and resin. . .
Lists of cited by and citing cases may be incomplete.
Health and Safety
Updated: 31 July 2022; Ref: scu.184758
