We frequently act for claimants who have been injured during the course of their employment. An employee can be injured as a result of the employer’s negligence or breach of statutory
The employer is under a duty to comply with the following statutory obligations:-
- The Management of Health & Safety at Work Regulations 1999 require all employers to carry out a suitable and sufficient assessment of risks to the health and safety of employees. The
purpose of a risk assessment is to minimise the risk of employees being injured and where an employer employs five or more employees, the risk assessment should be in writing.
- The Manual Handling Operations Regulations 1992 require employers to avoid the need for employees to undertake any manual handling operations at work which involves the risk of being injured, or
where it is not possible to prevent manual handling, to minimise those risks. The Regulations provide important guidance as to the maximum weights that can be safely lifted manually so to
minimise the risk of injury.
- The Provision and Use of Work Equipment Regulations 1998 requires all employers to ensure that suitable work equipment is provided and that the equipment is properly maintained and is not
- The Lifting Operations and Lifting Equipment Regulations 1998 require all employers to ensure that lifting equipment provided is safe and the risk of a person falling or being crushed is
minimised. The Regulations require lifting equipment to be properly maintained and all lifting operations to be properly planned and supervised.
- The Work at Height Regulations 2005 impose an obligation on the employer to ensure that all work at height is properly planned, adequately supervised and carried out in a manner that is as safe
as is reasonably practicable. Employers should not require employees to work at height unless it is necessary and when doing so should ensure that all employees can work at height as safely as
possible and are provided with appropriate work equipment. The Regulations apply to employees working on scaffolds, mobile scaffold towers, cherry pickers, scissor lifts, suspended and fixed
working platforms, raised walkways, raised platforms, cranes and ladders. The Regulations specifically require employees to avoid using ladders and use more suitable work equipment where
- The Enterprise and Regulatory Reform Act 2013 excluded the presumption that a breach of Health and Safety at Work Regulations created a civil liability. However breaches of the
regulations are evidence of the employer’s negligence so are still relevant.