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Lack of Risk Assessments and Unsuitable Work Equipment Causes Injury

13th June 2006

There is a legal obligation to assess the risks of all work which may carry a risk of personal injury. If the employer fails to do that and injury arises then there may be a good claim in law - as in this case.

Injured in the Workplace

Our solicitors acted for a claimant who was working on a line for Nissan cars. She had done the job for less than two weeks and was still being trained.

Once she had tightened the bolts on a seat she would depress the foot pedal, which would drop the seat onto the conveyor belt and move it on.

At the time of the accident she accidentally put her foot on the foot pedal, which caused the seat to drop and her right forearm was struck by the metal edge of the seat causing her a scar.

Thompsons argued for the Claimant that:

• failure to assess the risk was a breach of Regulation 3 of the Management of the Health and Safety at Work Regulations 1999 and that the fact that the pedal had broken was a breach of the Provision and Use of Work Equipment Regulations (PUWER) 1998.

The Judge agreed that:

• the foot pedal was not suitable under Regulation 4 of PUWER – it could be operated accidentally - and that any risk assessment would have identified its unsuitability.

• There was a breach also of Regulation 3 of the Management Regulations in failing to carry out the risk assessment that would have prevented the accident.

Employer Liability

No blame in law could be found against the Claimant as she was a new employee, was bound to be nervous and had not been trained or advised of the risks of the foot pedals.

Claims for Accidents at Work

If you or a member of your family have suffered an injury at work caused by the negligence of your employer, we may be able to help you.  Contact The Legal Line on 0800 0328511 or complete an online compensation claim form for specialist advice.