Compensation claims: Why do companies lose claims? Nicola Lashmar Principal Associate Barrister Eversheds LLP 4 July 2012

Transcription

1 Compensation claims: Why do companies lose claims? Nicola Lashmar Principal Associate Barrister Eversheds LLP 4 July 2012

2 What we will cover: The law The duties owed by an employer absolute as far as is reasonably practicable. What does that mean in practice? What can be done to comply

3 The law Management of Health and Safety at Work Provision and Use of Work Equipment Manual Handling Operations Workplace (Health Safety and Welfare) Personal Protective Equipment at Work Health and Safety (Display Screen Equipment)

4 The law Chemical (Hazard Information and Packaging for Supply Regulations 2002 Control of Substances Hazardous to Health Regulations 2002 Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995 Transport of Dangerous Goods (Safety Advisers) Regulations 1999 Electricity at Work Regulations 1989 Lifting Operations and Lifting Equipment Regulations 1998 The Control of Noise at Work Regulations 1998 The Construction (Design and Management) Regulations 2007 The Control of Asbestos Regulations 2006 Control of Lead at Work Regulations 1997 Control of Major Accident Hazards Regulations 1991 Control of Vibration at Work Regulations 2005 Dangerous Substances and Explosive Atmospheres Regulations 2002 Dangerous Substances in Harbour Areas Regulations 1987 Ionising Radiations Regulations 1999 Safety Representatives and Safety Committees Regulations 1977 [ The Confined Spaces Regulations 1997 The Construction (Head Protection) Regulations 1989 The Construction (Health, Safety and Welfare) Regulations 1996 The Radiation (Emergency Preparedness and Public Information) Regulations 2001 The Work at Height Regulations 2005

5 What does it all mean? Premises Safe Premises Systems Safe Systems of Work People Kit Safe Plant, Equipment and Tools People Safe colleagues

6 Duties These can be different: Absolute Reasonably Practicable

7 Absolute Duty an example Provision and Use of Work Equipment Regulations Every employer shall ensure that work equipment is so constructed or adapted as to be suitable for the purpose for which it is used or provided

8 Reasonably Practicable an example Workplace (Health, Safety & Welfare) Regulations So far as is reasonably practicable, every floor in every workplace shall be kept free from obstructions and any substance which may cause a person to slip, trip or fall.

9 Defence Took all reasonably practicable steps to: Prevent it from getting there in the first place Remove the substance

10 Reasonably Practicable an example Manual Handling Operations Regulations Each employer shall, so far as is reasonably practicable avoid the need for his employees to undertake any manual handling.which involve a risk of their being injured

11 As far as is reasonably practicable Manual Handling Operations Regulations Where it is not reasonably practicable to avoid the risk. Make a suitable and sufficient assessment Reduce the risk to the lowest level reasonably practicable Provide training

12 Reasonably practicable The court will look at what has been done, whether more could have been done and what is reasonable

13 Risk Assessments Aware of risk Considered what can be done Had a plan to reduce the risk Stuck to it

14 Once is never enough.. Risks change Knowledge and invention changes Therefore risk assessments need to change too!

15 Training George was trained when he joined in 1984

16 What can be done? Documented safe systems Regular training Review processes Keep records

17 What can be done? Not enough to have safe systems / provide PPE / have risk assessments These must be enforced

18 Enforcement

19 Enforcement You get the behavior you tolerate

20 An example

21 Culture A culture that promotes health and safety and does not tolerate unsafe practices

22 Re-cap The law The duties owed by employers Just because (absolute) Reasonably practicable What does it all mean? What can be done to comply? Enforcement

23 EVERSHEDS LLP Eversheds LLP is a limited liability partnership.