Accidents At Work FAQ’s
Can you tell me more about Health and Safety legislation?
All employers have a “duty of care” imposed upon them to provide a safe place of work for employees. There has always been a “common law” duty but from 1974, that duty became set in statute by the passing of the Health and Safety at Work Act 1974:
“It is the duty, as far as reasonably practicable, to ensure the health, safety and welfare at work of all employees.”
S2. Health and Safety at work Act 1974.
In addition, an employer must carry out valid risk assessments of the way in which they ask you to carry out work for them:
“Every employer shall make suitable and sufficient assessment of:
- The risks to the health and safety of his employees to which they are exposed to whilst they are at work; and
- The risks to the health and safety of persons not in his employment arising out of or in connection with conduct by him and his undertaking.”
The Management of Health and Safety at Work Regulations 1999
In addition to the 1974 Act there are a number of regulations in place that exist to provide further, more specific protection:
- Accidents caused by a failure to properly manage the work place
- Accidents caused by work equipment
- Accidents caused by defective or a lack or personal protective equipment
- Accidents caused by the work place environment
- Accidents involving lifting
- Accidents on construction sites
- Accidents whilst working at heights
At Birchall Blackburn Law our specialist lawyers will be able to quickly advise you of your rights and guide you through the Regulations that were set up to ensure your safety.
Can you tell me more about slipping and tripping at work?
The Workplace (Health, Safety and Welfare) Regulations 1992 state that an employer has a duty to ensure that all floor and traffic routes are suitable for purpose.
In addition, there are a series of common law duties that dictate that works premises must be safe and be a safe place to work.
An employer must ensure these are safe, suitably wide for people to pass and free of debris.
If traffic routes are blocked or narrowed then the risk of injury from tripping over something increases substantially.
On factory floors, designated walkways must be clearly marked and kept clear of any obstruction.
Accidental spillages do happen. But an employer has to act within a reasonable time to make an area safe following a spill.
It has to put signs up to warn people of the danger and clean it up (and remove the danger) as quickly as possible.
Danger: floor cleaning!
Warning signs are of key importance when a floor is being mopped or cleaned with any substance that could make it slippy.
Can you tell me some more about lifting accidents?
The Manual Handling Operations Regulations 1992 set out a number of obligations for employers when it comes to lifting at work:
- So far as reasonably practicable avoid the need for employees to undertake any manual handling involving lifting;
- Undertake a risk assessment of the manual handling risk to the employee;
- Reduce manual/lifting task to the lowest level reasonably practicable if they cannot be avoided;
- Consider the use of equipment to either assist the employee in their task or as an alternative to that person having to lift at all.
- Provide suitable training as to the safe way to carry out manual handling operations;
- To assess each employee on an individual basis as to their suitability to undertake a manual handling task.
Whether your injury was caused by a one-off incident, repeated lifting over time or simply poor training our qualified and experienced lawyers can offer quick, professional advice to see whether you may have grounds to claim compensation. At Birchall Blackburn Law our team of dedicated experts will be to assess the extent of an employer’s breach of duty and give you easy to understand advice in plain English.