An employer has a duty to provide a safe place of work, which normally means that the ‘system’ of work provided by the employer must be safe. The provision of a safe system of working is an obligation of the employer, and the employer remains responsible even if he arranges for an agent to perform this obligation. The employer cannot ‘delegate’ his duty, and any agent appointed by the employer will be regarded as acting on the employer’s behalf. What this means is that if there is an accident at work due to a failure to operate a safe system of work, the employer will be responsible, even if he has asked someone else to run his business on a day-to-day basis. There is no need to prove personal negligence on the part of the employer.
What actually constitutes a ‘safe system of work’ in any given case very much depends on the kind of work being undertaken. In assessing whether there is a safe system, a court may well look at the equipment used in the workplace, who it is used by, where it is used, who is likely to be affected by its use, and how each task is carried out. If a blowtorch needs to be used in the workplace, a court may consider whether there are procedures to ensure that those in the vicinity of the blowtorch are adequately protected from it, whether the person using it has been provided with suitable protection, and whether the person using it is properly trained in its use. There are all kinds of factual questions that will arise when deciding whether a safe system of work has been provided.
Something as simple as changing a light bulb in the workplace raises a number of important questions about whether the employer has instituted a safe system of work. Is the employer aware of all the hazards that such a seemingly simple task can entail? For example, is he aware of the risk of electric shock, the danger of falling when the bulb is being changed, the risk of being burnt if the bulb is left on due to inadequate lighting around it, and the risk of the light falling from the ceiling and striking an employee? Has he done anything about these risks? Does he have a system for ensuring that an area can be temporarily lit when a light bulb fuses? Has he provided stable steps or stepladders to be used to reach the bulb? Has he told the employees how to isolate the electricity supply? And can employees carry out their work away from light fittings that might be disturbed and rendered unstable by light bulbs being changed? The employee will of course be expected to exercise a degree of common sense when undertaking the simple task of changing a light bulb, but this example shows how wide-ranging the employer’s duty can be. This is not a straightforward area of law, so if you may be affected by it, please contact a local solicitor in our directory for advice.