What is the duty of an employer to protect an employee against the use of dangerous or defective machinery?
Saskatchewan, Canada
The following excerpt is from Hill v. Baade, 1933 CanLII 215 (SK CA):
According to modern authority there is a very positive duty resting upon an employer to protect his employee against the use of dangerous or defective machinery. A standard statement of the existence of such duty is to be found in an utterance of Lord Herschell, in Smith v. Baker [1891] A.C. 325, 60 L.J.Q.B. 683, when, at p. 362, he says: It is quite clear that the contract between employer and employee involves on the part of the former the duty of taking reasonable care to provide proper appliances and to maintain them in a proper condition and so to carry on his operation as not to subject those employed by him to unnecessary risk.
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