Section 3 of the Health and Safety at Work etc. Act 1974 requires employers to protect not just their own employees but also “persons not in their employment” who might be at their workplace. This includes visitors, contractors, customers, and the public, who could all be affected by the employer’s activities.
Employers must actively identify any hazards that could harm persons not in their employment and take reasonable measures to mitigate or remove these risks. This involves maintaining the workplace properly.
Additionally, employers need to ensure that their employees’ work does not endanger these external individuals. They may need to set up warning signs or barriers to prevent accidents.
Employers also have a responsibility to provide information and instructions to non-employees on their premises. They must inform these visitors about any potential dangers and the safety protocols they should follow while on site.
The importance of this duty to protect non-employees is a critical element of health and safety legislation, and employers must treat it with utmost seriousness to safeguard everyone affected by their work activities.
Here are a few real-life examples where failures to meet these responsibilities have led to legal action under Section 3 of the Act:
- Newcastle City Council was fined £280,000 after a six-year-old girl died when a decayed tree fell on her in her school playground. An investigation by the Health and Safety Executive (HSE) revealed the council had not properly assessed the tree’s condition or managed its risks.
- Tesco faced a £733,000 fine when a customer slipped on a wet floor in a Hertfordshire store and sustained a head injury. The incident showed Tesco had not taken adequate steps to ensure customer safety.
These cases highlight the serious consequences of neglecting the duty to protect non-employees, with courts imposing hefty fines and penalties for such failures.
