We recently did a blog about the duties owed by employers when it comes to the effectiveness and suitability of work equipment like roll cages and trolleys, and it’s something we have covered in the past as well. But as a firm of specialist injury lawyers who only represent victims for compensation claims, we’re used to winning all sorts of accidents that occur from a wide range of scenarios.
So here is an article about being injured due to a roll cage or trolley not because it is defective or unsuitable, but because of uneven ground.
The Law
In the workplace you’d generally expect the floor to be flat and even as it’s probably some form of tile or concrete or other man made surface suitable for a workplace. But commonly people may be expected to move cages or trolleys in outdoor areas where delivery vans drop them off, and this could mean moving them over uneven ground outside.
What if there is a slope and the weight of the trolley or cage causes it to tip or you are injured because of the shift in weight? Or what if you move a trolley over a surface and it wobbles and tips because the ground is uneven? Perhaps cobbles or rough stony ground, for example.
Well, The Workplace (Health, Safety and Welfare) Regulations 1992 state as follows:
12.(1) Every floor in a workplace and the surface of every traffic route in a workplace shall be of a construction such that the floor or surface of the traffic route is suitable for the purpose for which it is used.
(2) Without prejudice to the generality of paragraph (1), the requirements in that paragraph shall include requirements that–
(a) the floor, or surface of the traffic route, shall have no hole or slope, or be uneven or slippery so as, in each case, to expose any person to a risk to his health or safety;
Legislation: www.legislation.gov.uk/uksi
I have highlighted two key phrases that clearly show from the above which puts the duty on your employer to ensure that floors and traffic routes are safe to use. But as handling a cage or trolley can also fall within the realms of manual handling, The Manual Handling Operations Regulations 1992 may also apply insofar as the duty to risk assess manual handling tasks appropriately.
So the duty is clear – your employer must ensure that you are not injured as a result of handling cages across uneven surfaces. You can imagine how easy it is for a castor wheel on a roll cage to get caught and cause the cage to tip or fall, easily resulting in an injury. Your employer breaching these regulations means they may be liable to compensate you.
So if you are injured due to uneven or dangerous surfaces at work, call us now on 0800 634 75 75 for specialist advice and more info about our 100% compensation offer for work accidents.
