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b) Duty to provide a safe working environment

Usually, the scope of duty can be further categorized into the following:

 

1. Duty to provide competent co-workers

  • To take reasonable care in appointing, training and supervising staff
  • The employer will be liable when injury is caused to an employee by any co-worker due to the co-worker's fault
  • If necessary, incompetent staff will have to be terminated to fulfill this duty

 

2. Duty to provide safe plant and equipment

  • To take reasonable care in selecting and providing plant, tools and appliances to be used by employees
  • To conduct regular maintenance and inspection of the equipment
  • To ensure safe storage of tools
  • To instruct the proper use of equipment

 

3. Duty to provide safe place of work:

  • To maintain a work environment that is safe and without risk to the employees' health so far as is reasonably practicable, including access to and from the workplace
  • Duty can apply even when employee is working off-site

 

4. Duty to provide a safe system of work

  • to take all reasonable steps to maintain a safe system of work so as not to expose the employee to unnecessary risk of injury
  • the duty varies depending on the nature of the work, and can extend to protect employees from deliberate harm from third parties

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