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Law 

Accidents at Work

In addition to the Common Law duty of care employers owe to all employees, there are a number of regulations, which impose strict duties and obligations on employers to protect the health and safety of their workforce.

The following is not is not a complete list of these but is intended to give you a flavour of your rights.

Workplace (Health, Safety and Welfare) Regulations 1992

  • Regulation 5(1) your employer must maintain the workplace, equipment, devices and systems in an efficient state,
    in efficient working order and in good repair. They must also clean the workplace and equipment.
  • Regulation 5(2) your employer must devise, institute and maintain a suitable system of maintenance which is
    carried out at suitable intervals (including as necessary inspection, testing, adjustment, lubrication and cleaning).
  • These regulations also cover: ventilation (Regulation 6), temperature (Regulation 7), lighting (Regulation 8),
    accumulation of rubbish (Regulation 9) and the condition of floors and traffic routes to ensure that they are
    kept free from disrepair or obstruction.(Regulation 12)


Manual Handling Operations Regulations 1992
(covers lifting, pulling, pushing and lowering any object)

  • Regulation 4(1)(a) - your employer must ensure that they avoid the need for their employees to undertake
    any manual handling operations at work which involve a risk of their being injured. Where this is not “reasonably practicable”:
  • Regulation 4(1)(b)(i) provides that your employer must make a suitable and sufficient assessment of all such
    manual handling operations to be undertaken by you.
  • Regulation 4(1)(b)(ii) - your employer must take appropriate steps to reduce the risk of injury to you arising out
    of you doing any manual handling operations to the lowest level reasonably practicable. This may include providing
    you with adequate manual or mechanical assistance during lifting and manoeuvring
  • Regulation 4(1)(b)(iii) - your employer must ensure that employees receive proper information about the weight of an item.
  • Regulation 4(2) requires appropriate reviews of any risk assessments completed under Regulation 4 (1) (b) (i).
    The specific risk assessment provisions should also be considered in conjunction with the general requirements of
    Regulations 7 and 10 of the Management of Health and Safety at Work Regulations 1999, which require employers
    to provide their employees with health and safety information and training.

Provision and Use of Work Equipment Regulations 1998

  • Regulation 4(1) - your employer must ensure that the work equipment provided to you was so constructed or
    adapted as to be suitable for the purpose for which it was intended.
  • Regulation 4(3) - your employer must ensure that the work equipment is used only for operations for which,
    and under conditions for which, it is suitable
  • Regulation 5(1) – requires that work equipment is maintained in an efficient state, in efficient working order and in good repair.
    In the case of Stark v. The Post Office [2000] the Court of Appeal ruled that this requirement imposes strict liability on employers in circumstances where they do not maintain work equipment.
    (the Court considered Reg 6(1) of the 1992 Regulations, whose wording is identical)

Other important regulations include:

The Personal Protective Equipment Regulations 1992;
The Work at Height Regulations 2005;
The Control of Substances Hazardous to Health Regulations 1999;
The Health and Safety (Display Screen Equipment) Regulations 1999; and
The Noise at Work Regulations 1999 (after April 2006 – The Control of Noise at Work Regulations 2005).

Fox Claims offers expert advice and knowledge to guide you through the potential minefield of these regulations in assessing whether you have a claim.