In force2020 Revised Edition

Contents

Workplace Safety and Health Act 2006 · 2020 Revised Edition · Part 4 · General Duties of Persons at Workplaces

14. Duties of principals

(1)

Subject to subsection (2), it is the duty of every principal to take, so far as is reasonably practicable, such measures as are necessary to ensure the safety and health of —

(a)

any contractor engaged by the principal when at work;

(b)

any direct or indirect subcontractor engaged by such contractor when at work; and

(c)

any employee employed by such contractor or subcontractor when at work.

(2)

The duty imposed on the principal in subsection (1) only applies where the contractor, subcontractor or employee mentioned in that subsection is working under the direction of the principal as to the manner in which the work is carried out.

(3)

It is the duty of every principal to take, so far as is reasonably practicable, such measures as are necessary to ensure the safety and health of persons (other than a person referred to in subsection (1)(a), (b) or (c) working under the principal’s direction) who may be affected by any undertaking carried on by the principal in the workplace.

(4)

For the purposes of subsection (1), the measures necessary to ensure the safety and health of persons at work include —

(a)

providing and maintaining for those persons a work environment which is safe, without risk to health, and adequate as regards facilities and arrangements for their welfare at work;

(b)

ensuring that adequate safety measures are taken in respect of any machinery, equipment, plant, article or process used by those persons;

(c)

ensuring that those persons are not exposed to hazards arising out of the arrangement, disposal, manipulation, organisation, processing, storage, transport, working or use of things —

(i)

in their workplace; or

(ii)

near their workplace and under the control of the principal;

(d)

developing and implementing procedures for dealing with emergencies that may arise while those persons are at work; and

(e)

ensuring that those persons at work have adequate instruction, information, training and supervision as is necessary for them to perform their work.

(5)

Every principal must, where required by the regulations, give to persons (other than a person referred to in subsection (1)(a), (b) or (c) working under the principal’s direction) the prescribed information about such aspects of the way in which the principal conducts the principal’s undertaking as might affect their safety or health while those persons are at the principal’s workplace.

Terms defined in this Act

at work
Defined · s 4
“at work” means —(a)in relation to an employee, all times when the employee is performing work in connection with any trade, business, profession or undertaking carried on by his or her employer, wherever that work is carried out;(b)in relation to a self-employed person, all times when the person is performing work as a self-employed person, wherever the work is carried out; and(c)in any other case, all times when the person is performing work at the direction of the other person who engaged him or her, wherever the work is carried out;
Open s 4
contractor
Defined · s 4
“contractor” means a person engaged by another person (called in this Act the principal) otherwise than under a contract of service —(a)to supply any labour for gain or reward; or(b)to do any work for gain or reward,in connection with any trade, business, profession or undertaking carried on by the principal;
Open s 4
machinery
Defined · s 4
“machinery” includes —(a)any oil engine, gas engine, steam engine, and any other machine in which mechanical movement, either linear or rotated or both, takes place;(b)any steam boiler, gas cylinder, air receiver, steam receiver, steam container or refrigerating plant pressure receiver;(c)any appliance for transmission of power by ropes, belts, chains, driving straps or bands or gearing; and(d)any electrical generator or electrical motor,but does not include any machinery used solely for the propulsion of vehicles;
Open s 4
principal
Defined · s 4
“principal” means a person who, in connection with any trade, business, profession or undertaking carried on by the person, engages any other person otherwise than under a contract of service —(a)to supply any labour for gain or reward; or(b)to do any work for gain or reward;
Open s 4
regulations
Defined · s 4
“regulations” means regulations made under this Act;
Open s 4
subcontractor
Defined · s 4
“subcontractor” means a person engaged (otherwise than under a contract of service) by any contractor or subcontractor —(a)to supply any labour for gain or reward; or(b)to do any work for gain or reward,which the contractor or subcontractor has been engaged as contractor or subcontractor (as the case may be) to do;
Open s 4
workplace
Defined · s 5
“workplace” means any premises where a person is at work or is to work, for the time being works, or customarily works, and includes a factory.(2) Subject to this section,
Open s 5