The third option (as the first two options but with further specific duties) would provide an opportunity to ‘plug the gaps’ and recognise specific issues arising from the changing nature of work and work arrangements. Experience has, however, shown this approach to be problematic as it:
adds to the complexity of the duties;
may lead to arrangements created to attempt to avoid the duty (e.g. by changing the nature of relationships from those that would attract a duty);
provides further opportunity for inconsistent interpretation as to what comes within the duty and what does not; and
is likely to respond only to current and immediately foreseeable future hazards, risks and work arrangements, rather than longer term, emerging changes.
We do not consider the third option to be appropriate.
