Employer duty to employees
The fundamental statutory obligation on an employer to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all their employees. The specific content of this duty is elaborated in each framework.
By jurisdiction
UK HSE
“duty to employees”Exact equivalent“Section 2(1) of HSWA 1974 provides that it shall be the duty of every employer to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all his employees. Section 2(2) specifies that this includes: provision of safe plant and systems of work; safe use, handling, storage and transport of articles and substances; information, instruction, training and supervision; a safe place of work with safe means of access; and a safe working environment with adequate welfare facilities.”
Irish HSA
“duty to employees”Close equivalentSection 8 of the Safety, Health and Welfare at Work Act 2005 requires every employer to ensure, so far as is reasonably practicable, the safety, health and welfare at work of employees. Section 8(2) lists specific obligations including managing work to be safe, providing safe systems of work, providing PPE, and providing information and training.
US OSHA
“employer obligation”Close equivalentSection 5(a) of the OSH Act 1970 imposes two duties on employers: the General Duty Clause (section 5(a)(1)) to furnish a workplace free from recognised hazards; and the obligation to comply with all applicable OSHA standards (section 5(a)(2)). The GB and Irish general employer duty is qualified by reasonably practicable; the OSHA obligation to comply with specific standards is not so qualified.
Practitioner note: The foundational duty. HSWA s2 (GB), SHWWA s8 (Ireland), OSH Act s5(a) (US). All other specific duties flow from or supplement this general duty.