The obviousness of a risk and the experience of employees are relevant but not determinative factors in assessing whether an employer has breached its duty of care; the employer's non-delegable duty requires the establishment, maintenance and enforcement of a safe system of work, which cannot be delegated to employees regardless of their experience. A failure to instruct employees as to a safe system of work is not merely a failure to warn but a failure to establish a safe system. Where an employee deliberately takes a known risk in circumstances where the employer has failed to instruct, the apportionment of contributory negligence should reflect the employee's full awareness and deliberate conduct, and may approach parity with the employer's culpability.
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