Accidents at work

Employer Responsibility for Employee Work Safety

Many people spend a large proportion of time at work, therefore it is essential that the employer provides a safe working environment. Nonetheless, workplace and industrial accidents are commonly reported on a regular basis. According to the statistics, there are about 1.6 million injuries each year and 2.2 million cases of ill health caused or made worse by work. This figure is an alarming reflection of some employers failing their employees in protecting them from potential hazards, therefore it is important that the employee has the right to claim damages if they are the victim of an unfortunate accident or injury.

There are certain conditions that an employer should adhere to in providing a duty of care to their employees. These usually include:

  • Ensuring that the general premises are safe and secure for employee
  • Checking that the materials and other work equipment provided to the employee are in safe working order

According to the Health and Safety at Work Act 1974 'It shall be the duty of every employer to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all his employees' The employer should take all the steps possible in ensuring that the employees are working in non-hazardous working environments. Most of the widely reported incidents involving work accidents, are due to a failure on the part of the employer to provide safe working materials for the employee.

Impact of 1998 Regulations

According to the Work Equipment Regulations 1998 Act 'work equipment' is defined as meaning 'any machinery, appliance, apparatus, tool or installation for use at work (whether exclusively or not). 'Use' in relation to work equipment means 'any activity involving work equipment and includes starting, stopping, programming, setting, transporting, repairing, modifying, maintaining, servicing and cleaning'. One method of minimizing risk and injury to the employee is to carry out assessments on the machinery and premises, and to communicate potential health hazards to the employees.

The employer is responsible for ensuring that the equipment provided to the employee is fit for its purpose, and appropriate steps should be taken to minimize any risks of any effect the machinery/equipment may have on the health of the employee. The employer should check the following:

  • The overall working conditions
  • Any potential for health hazards that could caused by the premises and;
  • The equipment and its reliability If any areas of concern are found as part of the assessment proceedings, the employees should be notified.

Contributory negligence as a defence for employers

In some instances, the employee is partially responsible for their own accident or injury as they failed to take their employer's advice on safety. In these cases the employer will be able to use the defence of contributory negligence, Injuries caused by lifting heavy objects incorrectly are often quite common, and in these circumstances if the employee ignored the advice of their employer, it is likely they will share some of the accountability for the incident.



Author: Ayesha Salim is a law graduate who works fulltime with the UK Lawyers Network researching and writing about legal topics

 

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