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.
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