They are a lot more common that you might think! Which is surprising given that the rules and regulations employers must adhere to are strict and numerous to protect the safety of the employees in their working environment. So here’s a little insight in to why employers fail to adhere to regulations (leaving them open to a claim against them), and what employers are expected to do:
Well, perhaps it’s a lack of understanding of the importance of health and safety regulations in the workplace that is a root cause. There are common duties that all employers must ensure to uphold; such as ensuring all access ways are free from hazard (e.g. no holes in the floor!!!), ensuring all electrical equipment is duly tested for safety (e.g. no explosive kettles!), or even employees being trained and instructed on the buildings fire procedures. So what kind of rules and regulations must employers adhere to?
Let’s consider a building site for example. There’s all sorts going on – cranes moving, concrete filling holes, builders building on scaffolding. So there is so much that can go wrong. In these working environments, health and safety regulations are plenty; and the importance of adhering to them is paramount:
Here are a few examples:
Personal Protective Equipment at Work Regulations 1992
– e.g. hard hats, gloves and boots
If your working tasks involve a dangerous substance, or handling some kind of a hazard, then your employers have an important duty of care to ensure they provide you with sufficient personal protective equipment to prevent you from coming to harm. For example, a welder requires the use of a full face mask to prevent the brightness of the flame from damaging their eyes, and preventing sparks from coming in to contact with their face. Anyone working with hot materials of irritant chemicals must wear gloves to protect their hands. Strong boots in industry are often a must as well.
Provision and Use of Work Equipment Regulations 1998
– e.g. machinery
If you require work equipment to do a job, then your employers have a duty to provide it, maintain it, and ensure it is sufficient for its use. Say for example the lifting of heavy items – concrete slaps for example, that exceed the weight allowed for a person to carry. Some kind of trolley, or forklift truck, or other similar equipment would be required here to prevent an employee having to lift such a heavy item. Not only should the employer provide it, but they should regularly inspect and maintain work equipment to ensure it is fit for purpose. Even in factory using production line machinery – it must always be safe to use! An employer also has the duty to instruct employees and supervise them for the use of work equipment sufficiently as well.
Manual Handling Operations Regulations 1992
– e.g. lifting and moving boxes in a warehouse
An equally important regulation here; because it really is so easy to injure ourselves by failing to lift and manoeuvre heavy and awkward items properly. Sufficient training should be provided to all employees whom undertake manual handling activities, and equipment should be provided where possible to limit the amount of manual handling an employee undertakes. If an employer fails to train a new employee in good manual handling practices, and the employee does it wrong and injures their back, the employer is negligent for their suffering and loss.
This is just a short insight in to accident at work claims. They really can span a vast array of accidents and injuries, and the employers in every instance must ensure to maintain their duty of care to their employees. Failing to do so results in them being negligent; and a claim can be brought against them.
We at The Injury lawyers are experts in all areas of personal injury law. We fight harder for our clients and always get the best results. Give us a call for some free, no obligation advice on claiming; we’re always more than happy to be of assistance.
