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Even if the system itself is safe a negligent failure to operate the system, whether by
another employee or an independent contractor, will render the employer liable.
McDermid v Nash Dredging Co [1987]
The employer is also under a duty with respect to the premises of a third party even
though he has no control over the premises, but the steps required to discharge this
duty will vary with the circumstances.
Criminal Liabilities
The Health and Safety at Work etc. Act 1974 lays down strict requirements in respect of
health and safety, and no one, with the exception of domestic servants, is outside its
scope. Employers and employees alike must conform to the Act or face the
consequences. We shall now examine the role and the powers of those persons whose
job it is to enforce the law and to bring offenders before the courts.
The Inspectors
Legal Role: The only people who may prosecute are the officers appointed by the
enforcing authorities (the inspectors), or the Director of Public Prosecutions or
someone acting under his/her instructions (Section 38).
Where proceedings are brought before a Magistrates Court, the inspector may
prosecute without being legally qualified. In the case of a hearing before a Crown Court,
an inspector would not be permitted to prosecute the case. The Director of Public
Prosecutions may, in any court, consent to proceedings being instituted by anyone, and
it would thus seem that a private prosecution by an individual is not completely out of
the question provided that consent is obtained.
The list of offences that an inspector may prosecute is considerable; the question to be
asked is - Is the article or person or the system of work safe and without risk to health?
Section 19 states that every appointment of a person as an inspector shall be made in
writing specifying which powers conferred on him by the relevant statutory provisions
are exercisable by him. He may only exercise the powers specified and only within the
field of responsibility of the authority which appointed him. The powers may be varied
by the enforcing authority. When acting as an inspector he must produce, on demand,
his instrument of appointment.
General Powers of Inspectors: The appointment and legal powers of Inspectors are
outlined in Sections 19, 20, 21, 22, 23, 24, 25, 26, 27 and 28 of the Health and Safety at
Work etc. Act 1974. The fundamental role of an Inspector is briefly summarised below:
