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
UK HSE
“duty to non-employees”Exact equivalentSection 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.
Irish HSA
“duty to non-employees”Close equivalentSection 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.
US OSHA
“duty to non-employees”Partial equivalentThe 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.
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.