16Duties of employers in relation to their employees etc.

#### 16 Duties of employers in relation to their employees etc. (1) An employer must take all reasonably practicable steps to protect the health and safety at work of the employer’s employees. > Note: An employer who breaches subsection (1) may be subject to civil action or a criminal prosecution (see Schedule 2). (2) Without limiting the generality of subsection (1), an employer breaches that subsection if the employer fails to take all reasonably practicable steps: (a) to provide and maintain a working environment (including plant and systems of work): (i) that is safe for the employer’s employees and without risk to their health; and (ii) that provides adequate facilities for their welfare at work; and (b) in relation to any workplace under the employer’s control, to: (i) ensure the workplace is safe for the employees and without risk to their health; and (ii) provide and maintain a means of access to, and egress from, the workplace that is safe for the employees and without risk to their health; and (c) to ensure the safety at work of, and the absence of risks at work to the health of, the employees in connection with the use, handling, storage or transport of plant or of substances; and (d) to develop, in consultation with the employees of the employer, written health and safety management arrangements that will: (i) enable effective cooperation between the employer and the employees in promoting and developing measures to ensure the employees’ health, safety and welfare at work; and (ii) provide adequate mechanisms for informing the employees about the arrangements; and (iii) provide adequate mechanisms for reviewing the effectiveness of the arrangements; and (iv) provide adequate mechanisms for the variation of the arrangements in consultation with the employees; and (v) provide for a dispute resolution mechanism to deal with disputes arising in the course of consultations held under this Act (other than section 24) between the employer and the employees; and (vi) in the case of an employer who is required under section 34 to establish a health and safety committee—provide for the manner in which the health and safety committee is to be constituted and to operate; and Note: The establishment of health and safety committees is dealt with in section 34. (e) to provide to the employees, in appropriate languages, the information, instruction, training and supervision necessary to enable them to perform their work in a manner that is safe and without risk to their health. (2A) An instrument setting out health and safety arrangements developed under subsection (1) is not a legislative instrument. (3) Without limiting the matters that may be covered by health and safety management arrangements developed by an employer as mentioned in paragraph (2)(d), such arrangements may provide for the following: (a) a written occupational health and safety policy in respect of the employer and the employees of the employer; (b) arrangements relating to risk management; (c) the making of agreements between the employer, the employees of the employer and their employee representatives in relation to: (i) continuing consultation, between the employer, the employees of the employer and their employee representatives on occupational health and safety matters; and (ii) such other matters (if any) as are agreed between the employer, the employees of the employer and their employee representatives; (d) training in relation to occupational health and safety. (4) The obligations of an employer in respect of the employer’s employees that are set out in subsections (1) and (2) apply also in respect of persons who are contractors of that employer but only in relation to: (a) matters over which the employer has control; or (b) matters over which the employer would have had control but for an express provision in an agreement made by the employer with such a contractor to the contrary, being matters over which the employer would, in the circumstances, usually be expected to have had control. (5) Without limiting the generality of subsection (1) insofar as that section applies in relation to an employer’s employees, the employer breaches that subsection if the employer fails to take all reasonably practicable steps: (a) to take appropriate action to monitor the employees’ health and safety at work, and the conditions of the workplaces under the employer’s control; or (b) to maintain appropriate information and records relating to the employees’ health and safety; or (c) to provide appropriate medical and first aid services for the employees.