Person in control of premises
A person who has, to any extent, control of non-domestic premises or the means of access to or from them, and who owes health and safety duties to those using the premises.
By jurisdiction
UK HSE
“person in control of premises”Exact equivalentSection 4 of HSWA 1974 imposes duties on any person who has, to any extent, control of non-domestic premises used as a place of work, or control of the means of access to or exit from those premises. The duty holder must take such measures as it is reasonable for a person in their position to take to ensure, so far as is reasonably practicable, that the premises and access routes are safe.
Irish HSA
“person in control”Close equivalentSection 12 of the Safety, Health and Welfare at Work Act 2005 requires any person who has control over a place of work, to the extent of their control, to manage and conduct work activities so that persons at that place, who are not employees, are not exposed to risks. This covers building owners, managers and facility operators.
US OSHA
“controlling employer”Partial equivalentOSHA multi-employer worksite policy (CPL 02-00-124) holds controlling employers responsible for hazardous conditions at the worksite that they could reasonably have been expected to prevent or abate. The controlling employer is the one with authority over the worksite and the subcontractors. This is a policy interpretation, not a statutory definition.
Practitioner note: Catches landlords, managing agents and facilities providers who employ nobody on site. Control, not ownership, is the test.