An employer can be an organisation or a corporate body. It can even be an individual, and they have the Ultimate responsibility for ensuring that the workplace is safe and free of health risks. In the ILO Convention C155 and ILO Recommendations R 164, the duties of an employer are made clear. Every employer must ensure that they maintain those duties. In the course of the work, an employer engages so many people, who may be their employees or other workers who are not his direct employees, as well as some other people. Within the context of health and safety, an employer owes a duty to many people, such as those listed below.
An employer owes a duty to these people below.
1. Employees working directly for the employer.
Employees working under an employer are being cared for by the employer. They owe them a duty to ensure their health and safety. Employees are directly under the employer’s payroll. They earn their salaries from the employer.
2.Other workers work within the employer’s workplace, but they’re not his direct employees.
These kinds of workers are Casual workers, contractors, and agency workers. Casual workers are not under the employer’s direct payment, but the employers owe them a duty to ensure their safety and health. Even though contractors are responsible for the protection of their workers and the safety of others who may be affected by their work, a client who takes on a contractor is also responsible for ensuring that those contractors do not endanger anyone.
3.Other workers who are not his employees and are not working in his workplace.
These kind of workers may be working for an employer at a client’s place, but they’re not under the employer’s payroll. For example, contractors are installing equipment on behalf of an employer at a client’s location.
4. Visitors.
An Employer has to protect the visitors in his workplace. These are people who might be in the employer’s workplace, but they’re not carrying out any work at all.
5.Members of the public.
These are people who are passers-by; they might be outside the employers’ workplaces but have been affected by employers’ work activities. The employer has to ensure their safety and health as well.
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Conclusion.
Under the law, an employer has some responsibility for the health and safety of everyone as long as the employer is carrying out one activity or the other, and those activities might affect the people. It doesn’t matter whether they’re his employees or not.
Onyeka Emma is a QHSE Professional with more than 10 years of experience in occupational health and safety, which spans many industries such as construction, beverage, oil and gas, etc. He has many health and safety certifications, including NEBOSH IGC, ISO 9001:2015, ISO 14001:2015, and ISO 45001:2018 Lead auditor certificate. A member of IOSH, ISPON, and Nigeria Red Cross Society. He is interested in business, entrepreneurship, Speaking, and motivating people to do better for themselves. He enjoys leisure with a good motivational book.
