There are lots of rules and regulations that employers must abide by in order to keep you safe from harm. When it comes to cuts / lacerations, your employer must take all reasonable steps to ensure that you do not end up cutting yourself open on anything sharp or dangerous.
When it comes to work equipment, we could be looking at a few common scenarios:
- Cuts from work equipment – like blades or internal parts of a machine
- Cuts from a cutting tool like a saw or angle grinder
- Cuts from externally exposed sharp edges on machinery or equipment
When it comes to working with internal parts of a machine where there could be sharp blades, sharp cogs, or other bits and pieces that would easily slice through skin, your employer should firstly warn of such hazards and secondly ensure that appropriate Personal Protective Equipment (PPE) is provided when doing the task. In this kind of situation, you should have protective gloves that cover all areas of your hands, wrists, and arms that may be exposed.
Protective Equipment
The duty your employer has to do this is The Personal Protective Equipment at Work Regulations 1992. An important part of these regulations that apply here are as follows:
4.(1) Every employer shall ensure that suitable personal protective equipment is provided to his employees who may be exposed to a risk to their health or safety while at work except where and to the extent that such risk has been adequately controlled by other means which are equally or more effective.
(3) Without prejudice to the generality of paragraphs (1) and (2), personal protective equipment shall not be suitable unless –
(a) it is appropriate for the risk or risks involved and the conditions at the place where exposure to the risk may occur; (source)
If you ask me, the above is pretty clear – your employer must provide suitable equipment that ensures you are not going to be injured. If you are given gloves, they must be strong enough to ensure that you will not be cut. You may have a claim in this kind of scenario.
Equipment Itself
When it comes to equipment itself, if you are using a cutting tool then there are provisions that your employer should ensure are in place. Training is the obvious one; and as well as equipment where applicable (as a glove will probably not stop the power of a circular saw) there should be emergency stop buttons or other measures to prevent or limit the extent of an injury.
This falls within the scope of The Provision and Use of Work Equipment Regulations 1998. Some of the important sections here are as follows:
5.(1) Every employer shall ensure that work equipment is maintained in an efficient state, in efficient working order and in good repair.
So if it’s broken / dangerous / defective and that is what causes the cut, you may have a claim.
9.(1) Every employer shall ensure that all persons who use work equipment have received adequate training for purposes of health and safety, including training in the methods which may be adopted when using the work equipment, any risks which such use may entail and precautions to be taken.
This part covers the fact that they duty to train the employees using such equipment falls squarely on the employer. Failing to train can lead to a claim for personal injury compensation.
15.(1) Every employer shall ensure that, where appropriate, work equipment is provided with one or more readily accessible controls the operation of which will bring the work equipment to a safe condition in a safe manner.
(2) Any control required by paragraph (1) shall bring the work equipment to a complete stop where necessary for reasons of health and safety.
16.(1) Every employer shall ensure that, where appropriate, work equipment is provided with one or more readily accessible emergency stop controls unless it is not necessary by reason of the nature of the hazards and the time taken for the work equipment to come to a complete stop as a result of the action of any control provided by virtue of regulation 15(1).
(2) Any control required by paragraph (1) shall operate in priority to any control required by regulation 15(1).
The above, rather lengthy parts, deal with stop controls and emergency stop controls. Again, it’s fairly clear to see from the wording of the regulations that there is an important duty that is on the shoulders of your employer to ensure that provisions are in place to stop machinery operating where it could be a hazard.
Making a Claim
The regulations read fairly easily – so if you have had an accident you can check yourself if you think the regulations apply above. Breaching these regulations mean you may have a right of action against your employer. Call us now for free legal advice on 0800 634 75 75.
For work accident claims, we offer a 100% compensation agreement.
