Description
Employers' Duty To Carry Out Risk Assessment Non-Delegable But Capable Of Compliance By Satisfaction Contractor Has Carried Out Thorough Risk Assessment:The Court of Appeal held that an employer's duty to undertake a risk assessment in respect of an activity was non-delegable, as such duty was closely related to the common law duty to carry out such risk assessment. Accordingly, in the event that an employer used a contractor in respect of an activity and satisfied himself that the contractor had carried out a thorough risk assessment, this may be sufficient to satisfy a court that the duty on the employer to carry out a risk assessment had been satisfied. On the facts, it was held by the Court of Appeal that the contractor had not carried out a thorough risk assessment and therefore it could not be argued that the employer could rely upon such assessment in satisfaction of its non-delegable duty.
