Health and safety at work - duty to non-employees

The duties imposed on employers by the Health and Safety at Work Act 1974 are owed not just to employees - and the Scottish High Court of Judiciary, following the lead of the English Court of Appeal in the 1981 Swan Hunter Shipbuilders case, has recently confirmed that duties to non-employees may be extensive.

In Carmichael v Rosehall Engineering Works Ltd (Scottish Law Times, 27 January 1984), two men had been placed by the Manpower Services Commission with the defendant company for industrial work experience. Following an accident, the company was charged with contravention of section 3(1) of the 1974 Act on the grounds that it had failed to provide the MSC placements with information and instructions concerning the risks involved in their

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