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Near equivalentPrinciples and duties

Duty to non-employees

The statutory obligation on employers and self-employed persons to conduct their undertakings in such a way that persons not in their employment who may be affected are not exposed to risks to their health or safety.

By jurisdiction

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UK HSE

“duty to non-employees”Exact equivalent

Section 3 of HSWA 1974 requires every employer to conduct their undertaking in such a way as to ensure, so far as is reasonably practicable, that persons not in their employment who may be affected are not exposed to risks to their health or safety. This extends the duty to contractors, visitors, members of the public, and neighbours. Section 3(2) imposes the equivalent duty on self-employed persons.

StatutoryHealth and Safety at Work etc. Act 1974, section 3Source
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Irish HSA

“duty to non-employees”Close equivalent

Section 12 of the Safety, Health and Welfare at Work Act 2005 requires persons in control of a place of work to manage and conduct work activities so that persons at the place of work who are not employees are not exposed to risks. Section 15 extends duties to designers and manufacturers.

Jurisdiction note: The Irish duty to non-employees is in section 12 (persons in control) and section 15 (designers and manufacturers), rather than in a single section equivalent to HSWA section 3.
StatutorySafety, Health and Welfare at Work Act 2005, sections 12 and 15Source
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US OSHA

“duty to non-employees”Partial equivalent

The OSHA General Duty Clause (OSH Act section 5(a)(1)) applies to employees only; OSHA does not impose a statutory duty on employers to protect non-employees from occupational hazards. However, multi-employer worksite doctrine means that controlling employers may be cited for hazards affecting employees of other contractors at the same site.

Jurisdiction note: OSHA protects employees, not the general public. The multi-employer worksite policy creates responsibilities between employers at shared sites, but there is no general duty to the public equivalent to HSWA section 3.
StatutoryOccupational Safety and Health Act 1970, section 5(a)(1); OSHA multi-employer policySource

Practitioner note: Covers visitors, contractors and the public. HSWA section 3 and SHWWA section 12 are frequent prosecution grounds where the harm falls outside the workforce.

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