The pursuer (claimant to these in E&W) was employed by the defendant as a shop assistant. It was held by the Court of Appeal that an action will lie in respect of private injury suffered by a workman employed in a factory through a breach by his employer, the occupier of the factory, of the duty to retain fencing for harmful machinery imposed on him by s.five(4) of the Factory and Workshop Act 1878. It also explains why the Government has introduced an amendment that goes beyond strict liability and would, as it stands, apply to civil situations involving breaches of statutory duty beneath workplace regulations. They held that this was a widespread law concept which had been incorrectly applied in this case and was inconsistent with the extent of the duty beneath PUWER.
Professor Löfstedt considered the influence that the perception of a compensation culture has had in driving more than-compliance with well being and security at function regulations. At initially instance, the judge ruled that the absolute duty beneath the 1980 Regulations did not give rise to a proper of civil action. In most instances, it does not take a fantastic stretch of the imagination to match a breach of one of the Regulations which have ‘gone missing’ from the private injury lawyer’s arsenal to one of these four duties. Claimant’s claims of negligence and breach of statutory duty upheld at trial, and damages awarded.
Before the passing of the Act, personnel could bring claims for compensation in negligence and for breach of statutory duty in relation to injuries and death suffered in the workplace. The beginning point for investigations will however be the widespread law duties applicable and what the employer needs to have carried out in the provided circumstances to discharge that duty. It would be condescending to say that Section 69 must not lead to complacency amongst security and wellness practitioners.
Most well being and safety regulations are produced beneath the Overall health and Security at Operate etc Act by the Secretary of State soon after consultation with the Well being and Security Executive (HSE). To serve an improvement notice, an inspector must be of the opinion that there is a breach of relevant statutory provisions, or that there has been a breach that is probably to be continued or repeated (e.g. a floor that has been poorly maintained in contravention of the needs of the WHSWR 1992).
As a result, it is no longer sufficient to draw a dotted line in between a breach of duty and an injury in order to establish civil liability (as if it was ever that simple…). This of course is all aspect of the maelstrom connected with ‘red tape’ – a practical ruse to rid the UK of the ‘burden’ of overall health and security laws. Make certain the security and absence of dangers to wellness in connection with the use, handling, storage and transport of articles and substances.
