WORKERS AND INDEPENDENT CONTRACTORS OLA 1957

What section of the OLA 1957 speaks about workers

Section 2 (3b)

What does secrion 2 (3b) of OLA 1957 say about occupiers

They can expect tradespeople to guard against risks related to their work, as long as the occupier allows them to do so

What is a case where the occupiers were not liable, as the workers should have been aware of the risks

Roles v Nathan - 2 chimney sweeps died from fumes whilst cleaning boiler. Occupiers not liable as sweeps should’ve been aware of the risks as part of their job. This acts as a defence for the occupier, but is only effective when the injury is due to a risk linked to the workers job

What is another case where the workers were liable

Ogwo v Taylor - injury of a firefighter, duty was his own

What are the rules about independent contractors

If a lawful visitor is injured by contractors negligence, the occupier may not be liable if 3 conditions under section 2 (4) (b) OLA 1957 are met

What are the 3 conditions regarding independent contractors

1) They must be reasonable to hire a contractor

2) The contractor must be competent

3) If possible, the occupier should check their work

Independent contractors conditions: 1) must be reasonable to hire a contractor - what case is this seen in

Haseldine v Dawson ltd - occupiers not liable, it was reasonable to hire experts who were then liable

Independent contractors conditions: 2) contractor must be competent - what case is this seen in

Bottomley v Todmorden cricket club - occupier liable. They should check references/trade qualifications/insurance. A lack of insurance = contractor is incompetent.

Independent contractors conditions: 3) if possible, occupier should check work - what case is this seen in

Woodward v Mayor of Hastings - occupier liable. Workers are expected to guard against risks related to their trade. Occupiers may avoid liability if they hire a reasonably competent contractor for specialist work.