2. A safe place to work
A safe place of work means more than a building that is not falling apart. It includes the physical environment in which the employee works, such as floors, access routes, lighting, layout, and other conditions that may create danger. Crucially, a workplace is considered “unsafe” not just because of structural defects, but if the operations regularly carried out within it make it dangerous (e.g., constant exposure to industrial noise or dust).
The duty of the employer to provide the employee with a safe place of work necessarily includes the provision of safe means of access to and egress from the workplace, even if the employer is not in occupation of the access route.
An employee is not necessarily unprotected just because the work is carried out away from the employer’s own premises. The employer’s non-delegable duty can still apply where the employee is sent to work off-site or where part of the work process is entrusted to others. In those situations, liability may depend on who had practical control over the conditions and whether the employer took reasonable steps to check the site and organise the work safely.
If the assignment is long-term or involves many workers, the employer must personally inspect the site to ensure safety. For short-term tasks, the employer may satisfy their duty by reasonably ensuring the site occupier is a reliable company conscious of safety obligations.
For the public, the simplest way to think about this is: if the place itself made the work unsafe, the employer may be at fault. That may include an unsafe route, poor housekeeping, lack of separation from hazards, or failure to make the area reasonably suitable for the job being done.
The scope of the duty to provide a safe place of work includes:
- Conducting regular inspections to identify and address hazards (e.g., water leaks, slippery surfaces, structural defects).
- Ensuring the adequate maintenance and repair of buildings, fixtures, and facilities.
- Providing and maintaining appropriate lighting and ventilation throughout the premises.
- Implementing proper procedures for the storage, handling, and disposal of hazardous materials.
- Maintaining clear, safe access routes and ensuring that emergency exits are unobstructed and clearly marked.
The law recognises that a workplace can become temporarily unsafe due to “casual” hazards like oil spillages, water leaks, or sudden snow. To determine if an employer is at fault, courts ask: Was the danger so great that a prudent employer would have closed the site rather than allow the risk to continue?. If the employer took reasonable remedial steps (such as using sawdust on a slippery floor), they may not be found negligent even if an accident occurs.
