Machinery with no guards – Injury at work claims

Have you been injured because some machinery you have been using at work had no guards? Did you know that there are specific health and safety rules that address the issue of guards on machinery?

If you have been injured where guards should have been in place then you may have the right to make a claim for work injury compensation. Read on for advice about the law and where you stand and we will see if we can help you.

The Provision and Use of Work Equipment Regulations has a specific section that relates to the access to dangerous parts of machinery. Regulation 11 even specifically addresses this with the terms ‘guards’ and ‘rails’ and reads as follows:

11.—(1) Every employer shall ensure that measures are taken in accordance with paragraph (2) which are effective—

(a)to prevent access to any dangerous part of machinery or to any rotating stock-bar; or

(b)to stop the movement of any dangerous part of machinery or rotating stock-bar before any part of a person enters a danger zone.

Paragraph 2 is where we have the specifics that address where no guards are in place:

(2) The measures required by paragraph (1) shall consist of—

(a)the provision of fixed guards enclosing every dangerous part or rotating stock-bar where and to the extent that it is practicable to do so, but where or to the extent that it is not, then

(b)the provision of other guards or protection devices where and to the extent that it is practicable to do so, but where or to the extent that it is not…

As you can see, guards are specifically addressed in the regulations which means that your employer has a direct duty to ensure they are provided where they are needed. If they are not, and you are injured as a result, you may have a very good chance at winning your claim for personal injury compensation.

On top of that, the guards must be:

Suitable and effective;
Of good construction and adequate strength;
Be maintained and in good repair;
Not easily bypassed and or give rise to any increased risk of health and safety;

So it isn’t just about providing them – your employer is directly responsible for making sure that the guards in place are effective and do their job correctly.