All employers should be familiar with the raft of regulations that they are obliged to implement to ensure the safety of their employees in the workplace. For example, the Manual Handling Regulations 1992 and the Health and Safety at Work Regulations 1999.
A case heard at Sunderland Magistrates Court serves to reinforce the dim view that a Court will take of employers who flout the regulations. Mr Trevor Rollin was a worker in car parts company, he suffered multiple fractures when a tool rack collapsed and crushed him. The Health & Safety Executive, that brought the prosecution, commented that Mr Rollin was lucky not to have been killed.
The employer, Automotive Components Group, pleaded guilty to Health & Saftey Breaches and was fined £3,200 and was ordered to pay £2,600 in costs. The Magistrates commented that, “Employers should learn a lesson from this incident — that the safety of workers cannot be taken for granted. Safety does not manage itself.”
Injury Claims Solicitor, Imogen McMillan, explains that, following this decision, Mr Rollin, would have a strong case against his employers for damages for personal injury in the civil courts. Employers must be aware of the Health & Safety Regulations, must implement them and regularly review their procedures and must also keep up to date with changes in the law. Employees must also receive specific training for their role.
Imogen says “A common cause of injury claims against employers is for alleged beaches of the Manual Handling Regulations. Examples are employees lifting heavy equipment without mechanical assistance and care workers turning or lifting patients without training or hoists. Back injuries are prevalent.” If you are an employer and are in any doubt about your obligations to your employees, we would be able to advise you and can also assist in the drafting of risk assessments. If you are an employee and have been injured at work in an accident which you do not think was your fault, then we can also advise you on making a claim. Proving breaches of Health & Safety Regulations, by your employers, will strengthen your case. For a free initial meeting please call 01202 499255 and Imogen or a member of her team will be happy to discuss any questions you may have.