Donaldson v. Hays Distribution Services Ltd& Ors [2004] ScotCS 44 (25 February 2004)

Donaldson v. Hays Distribution Services Ltd& Ors [2004] ScotCS 44 (25 February 2004)

The Workplace (Health, Safety and Welfare) Regulations 1992 do not impose duties in respect of persons who are present at a workplace but are not there at work or for the purposes of work. The Regulations are intended to implement the Workplace Directive, which is concerned only with the health and safety of workers. There is no express provision in the Regulations extending protection to non-workers, and the empowering provisions and preamble indicate the scope is limited to workers.

Citation
[2004] ScotCS 44
Parties
Pursuer: Candace Donaldson; First Defender: Hays Distribution Services Limited; Second Defender: CB Hillier Parker Management Services Limited; Third Defender: CB Hillier Parker Limited; Third Party: National Britannia Health & Safety Limited
Jurisdiction
Scotland
Judgment Date
25 February 2004
Procedural Posture
Personal Injury Action / Debate on Procedure Roll, First Pleas in Law for Second and Third Defenders
Outcome
action dismissed as against second and third defenders
Legal Topics
Workplace (health, Safety and Welfare) Regulations 1992, Scope of Statutory Duty, Protection of Non Workers, European Directive Implementation
Health and Safety Statutory Interpretation Personal Injury Workplace (health, Safety and Welfare) Regulations 1992 Scope of Statutory Duty Protection of Non Workers European Directive Implementation

Case Brief

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Parties

Candace Donaldson

Pursuer

Hays Distribution Services Limited

First Defender

CB Hillier Parker Management Services Limited

Second Defender

CB Hillier Parker Limited

Third Defender

National Britannia Health & Safety Limited

Third Party

Procedural Posture

Personal Injury Action / Debate on Procedure Roll, First Pleas in Law for Second and Third Defenders

Legal Issues

  1. 1 Does Regulation 17 of the Workplace (Health, Safety and Welfare) Regulations 1992 impose duties in respect of persons who are present at a workplace but are not there at work or for the purposes of work?
  2. 2 Is the scope of the Regulations limited to workers or does it extend to visitors and non-workers?

Ratio Decidendi

The Workplace (Health, Safety and Welfare) Regulations 1992 do not impose duties in respect of persons who are present at a workplace but are not there at work or for the purposes of work. The Regulations are intended to implement the Workplace Directive, which is concerned only with the health and safety of workers. There is no express provision in the Regulations extending protection to non-workers, and the empowering provisions and preamble indicate the scope is limited to workers.

Court Disposition

action dismissed as against second and third defenders

Orders

  • first plea-in-law for each of the second and third defenders sustained
  • action dismissed insofar as directed against second and third defenders