Landlords' duties (Health and safety)

The following Property practice note provides comprehensive and up to date legal information covering:

  • Landlords' duties (Health and safety)
  • Shift in emphasis to the 'workplace'
  • Protection for workers only?
  • Wide range of premises
  • Offices, shops and railways and factories
  • Who is liable?
  • Impact on lease drafting

Landlords' duties (Health and safety)

Under the 1974 Act, a duty is owed by employers to employees to ensure their health safety and welfare at work as far as reasonably practicable. In addition, a person who has control of premises has a duty to any other person not in his employment who may be affected by his conduct to ensure that so far as reasonably practicable he is not exposed to risks in respect of the premises and plant and substances on them.

The duty may arise not only from the physical state of the premises, but also from the inadequacy of arrangements which the person owing the duty may make with a third party such as a contractor.

A person who is protected by the Act does not lose this protection by being in a part of the premises to which he is not permitted to go or by being engaged in a concern of his own.

Shift in emphasis to the 'workplace'

The duties imposed by the Act have been supplemented by regulations and codes of practice, dealing with the structure and layout of a building as it affects workers and also with facilities for workers.

The key factor is no longer the particular trade, industry or premises in question, but whether the activities were conducted at work. There is a new emphasis on risk assessment, risk

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