Employee carelessness no defence
Most businesses know that they have a duty to make sure that their place of work is safe for their employees, but a recent case brought against Plymouth City Council has highlighted just how onerous the provisions of Health and Safety legislation can be.
An after-school cleaner employed by Plymouth City Council had injured her knee and back falling over a bright blue plastic lunch box container. The container was used to store the children's lunch boxes throughout the day and was to be stored away at the end of the day when the children had gone home. An earlier decision had ruled that the council was liable under the requirements of the Workplace (Health, Safety and Welfare) Regulations 1992 and the Council was appealing against this decision on the grounds that it was not liable as it was part of the cleaner's job to tidy up.
The Court agreed with the Council that the cleaner had been the author of her own misfortune. However, the Court still found the Council to be liable because the container had been an object capable of causing a fall, had been kept in a traffic route and could have been stored away.
This just shows that businesses need to think very carefully about the procedures they have in place and not just rely on employees not to be careless.
The cost to businesses of slips trips and falls is a staggering £500 million a year. Over 90% of those injured are absent from work for at least one week. Accidents from trips account for 16% of compensation claims. The Health and Safety Executive recommends that businesses should put in place a management system, carry out regular risk assessments and keep up to date with relevant legislation to help improve the work environment and keep other costs to a minimum.
This article gives a general overview only and the legal position at the time of writing this article. It cannot be relied upon in any particular case. Specific legal advice must always be considered to include consideration as to whether the legal position contained in this article has changed since going to print. For further information and advice, please contact Tim Dixon or Nita King on 01793 527141 or alternatively by email on Tim.Dixon@lemon-co.co.uk or Nita.King@lemon-co.co.uk.
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<p><strong><a href="http://www.lemon-co.co.uk/article_employee-carelessness.php">Employee carelessness</a></strong><br />
Most businesses know that they have a duty to make sure that their place of work is safe for their employees, but a recent case brought against Plymouth City Council has highlighted just how onerous the provisions of Health and Safety legislation can be...</p>
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