Introduction to Health and Safety at Work

17.34.7
Occupiers Liability Acts 1957 and 
1984 – Civil Law
The 1957 Act concerns the duty that the occupier of 
premises has towards visitors in relation to the condition 
of the premises and to things which have or have not 
been done to them. The Act imposes:
➤
a duty to take reasonable care to see that a visitor 
is reasonably safe in using the premises for the pur-
pose for which they were invited or permitted by the 
occupier to be there
➤
the common duty of care will differ depending on 
the visitor, so a greater duty is owed to children
➤
an occupier can expect that a person in the exercise 
of their trade or profession will appreciate and guard 
against normal risks, for example, a window cleaner
➤
no duty of care is owed to some one exercising a 
public right of way.
The 1984 Act extends the duty of care to persons other 
than visitors, i.e. trespassers. The occupier has to take 

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Summary of the main legal requirements
401
reasonable care in all the circumstances to see that non-
visitors do not get hurt on the premises because of its 
condition or the things done or not done to it. The occu-
pier must cover perceived dangers and must have rea-
sonable grounds to know that the trespassers may be in 
the vicinity.
17.34.8 Control of Pesticides Regulations 1986
These Regulations made under the Food and Environment 
Protection Act 1985 all came into force by 1 January 
1988. The Regulations apply to any pesticide or any sub-
stance used generally for plant control and protection 
against pests of all types, including antifouling paint used 
on boats. They do not apply to substances covered by 
other Acts like the Medicines Act 1968, The Food Safety 
Act 1990, those used in laboratories and a number of 
other specifi c applications.
No person may advertise, sell, supply, store, use a 
pesticide unless it has received ministerial approval and 
the conditions of the approval have been complied with. 
The approval may be experimental, provisional or full, 
and the Minister has powers to impose conditions.
The Regulations also cover the need for users to 
be competent and have received adequate information 
and training. Certifi cates of competence (or working 
under the supervision of a person with a certifi cate) are 
required where pesticides, approved for agricultural use 
are used commercially.