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General duties of persons concerned with places of work to persons other than their employees.
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8.—(1) This section has effect for imposing on persons duties in relation to those who are not their employees but who are either the employees of another person or are self-employed and who for the purposes of carrying out work use a non-domestic place of work made available to them or in which they may for the purposes of carrying out work use any article or substance provided for their use there, and it applies to places of work so made available and other non-domestic places of work used in connection with them.
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(2) It shall be the duty of each person who has control, to any extent, of any place of work or any part of any place of work to which this section applies or of the means of access thereto or egress therefrom or of any article or substance in such place of work to take such measures as is reasonable for a person in his position to take to ensure, so far as is reasonably practicable, that the place of work, all means of access thereto, or egress therefrom available for use by persons using the place of work, and any article or substance in the place of work or, as the case may be, provided for use therein, is or are safe and without risks to health.
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(3) Where a person has, by virtue of any contract or tenancy, an obligation of any extent as to—
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(a) the maintenance or repair of any place of work to which this section applies or any means of access thereto or egress therefrom; or
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(b) the safety of or the absence of risk to health arising from any article or substance in any such place of work;
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that person shall be treated, for the purposes of subsection (2), as being a person who has control of the matters to which his obligation extends.
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(4) Any reference in this section to a person having control of any place of work or matter is a reference to a person having control of the place of work or matter in connection with the carrying on by him of a trade, business or other undertaking (whether for profit or not).
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