1. Safe co-workers

1. Safe co-workers 

An employer has a duty to take reasonable care to associate their employees with persons who possess ordinary competence, skill, and care. It also requires the employer to ensure that employees work alongside competent colleagues and in conditions that allow work to be carried out safely. 

This obligation includes several important aspects: 

1. An employer may be liable for negligent hiring if they appoint someone who lacks the necessary experience, qualifications, or training for a particular role, and that person subsequently causes injury to a fellow employee; 
2. The duty requires adequate supervision and instruction. It is not enough to provide proper tools or equipment if employees are not effectively supervised or properly instructed in how to perform their tasks safely; and 
3. Employers must ensure safe staffing levels, meaning that a sufficient number of employees are engaged so that work can be completed without exposing individuals to unnecessary or excessive risk. 
4. Contemporary law, particularly in Hong Kong, recognises that a “safe co-worker” is one who does not subject others to bullying, victimization, or harassment. If management knows, or ought to know, about such a campaign and fails to intervene, the employer is in breach of his personal duty to protect the physical and mental well-being of the victim. 

What this means in practice: 

1. Employers should conduct adequate background checks and reference verification. 
2. Employees with records of violence, bullying, or serious incompetence should be managed carefully. 
3. Regular supervision and performance management are necessary to identify problematic employee behaviour. 
4. Where an employee has a known history of harassing or bullying colleagues, an employer may face liability if he knowingly tolerates violent, reckless, or persistently unsafe conduct and fails to take action to prevent another employee from being injured as a result. 
5. Employers should provide proper instruction, training, and refresher guidance. 
6. Employers should ensure adequate staffing levels. 
7. Complaints and warning signs should be investigated promptly. 

8. Reasonable corrective action should be taken where risks are identified.