Consider this Irish Supreme Court case from 1977:

Mr. Charles Dalton was a builder and carpenter employed under a contract of service by Mr. David Frendo to put sash cords into windows, install a toilet and a timber partition, and cut or prune trees that were growing in the garden. On the day of the incident, Mr. Dalton arrived at Mr. Frendo's home with an electric saw for the purpose of cutting the trees. To carry out the work, Mr. Dalton requested the loan of Mr. Frendo's step ladder made of tubular steel. Mr. Dalton then placed the ladder near a row of trees that he intended to cut. He placed it so that two legs were on the flower bed and the other two were on the lawn. Mr. Dalton continued pruning the branches for about an hour when the ladder swayed to one side because two of the legs had sunk into the ground. He lost his balance, which resulted in the saw making contact with his hand and injuring him.^[14]

In your paper , discuss what was Mr. Dalton's duty of care and the reasonably practicable measures he should have taken. Then, explain your answers with reference to OHS legislation in Alberta Canada jurisdiction.

Answer rating: 100% (QA)

In the case described Mr Dalton was employed to carry out specific tasks by Mr Frendo which involved using equipment and working in a potentially haza... View the full answer