Dangers of Defective Work Equipments

Dangers of Defective Work Equipments

Dangers of Defective Work Equipments

The phrase "accidents at work" covers a wide variety of different types of accidents, and these causes of accidents can be anything from unsafe work equipment, to negligence of a fellow employee, to an unsafe floor, a working environment which is unbearable sound wise and inadequate protection for hearing and a number of other causes of action.

For claims arising out of accidents at work the initial starting point of a claim is that an employer owes to an employee a duty of care by making sure that the employee does not come to any harm whilst ate work; this is a legal requirement. There are a great variety of regulations made by various governments over the years which set out in considerable detail the precise duties that are owed by employers to employees.

Claims arising out of defective work equipment is one type of accident at work which this article will discuss in greater detail. The regulations which are relevant to this area are the Provision and Use of Work Equipment Regulations 1998, as amended by the Health and Safety [Miscellaneous Amendments] Regulations 2002.

In relation to work equipment the regulations set out numerous duties on employers, including, among others, ensuring that work equipment is deemed to be suitable for its purpose the duty to have regard to the working conditions and risks to health and safety of people working in the premises where the equipment is and any other further dangers caused by the usage of the equipment and the duty to ensure that work equipment is maintained in an efficient state, in efficient working order and in good repair.

In addition to the statutory duties under the regulations there are also requirements for records to be kept in relation to maintenance of work equipment. The Management of Health and Safety at Work Regulations require risk assessments to be completed regarding all aspects of work being carried out at a given premises and following an accident, these risk assessments have to be re-done.which need to be re-evaluated after an accident.

Alongside the statutory duties which are included under the various regulations, a claim can also be made against an employer if they have failed to supply acceptable safe work equipment in common law negligence and exposed an employee to a foreseeable risk of injury as a result.

Each individual incidenta and case will be very different form the next, therefore specific regulations are dependent on each given case. You should immediately consult a solicitor if you think you have a claim arising out of any accident at work, including defective work equipment.

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