An employee who is injured at work as a direct result of the use of a piece work equipment that turns out to be defective may sue his employer for damages by reason of breach of Regulation 5 of the Provision and Use of Work Equipment Regulations 1998.
Regulation 5 imposes an absolute obligation to maintain work equipment in an "efficient state", in an "efficient work order" and in "good repair".
In other words if an employee is injured because of an inherent defect in equipment, the employer will be held responsible regardless of fault.
From a layman's point of view it is easy to make the assumption that such types of accident claims are straight forward and relatively easy to determine.
However, whilst this may be true for many kinds of accidents that arise as a result of faulty equipment at work, in this article I'm going to demonstrate that from a lawyer's perspective the underlying issues that determine whether the employer is liable for an injury at work can be quite complex and problematic.
To start with one has to determine whether the item that caused the injury is indeed "work equipment" and for that we can turn to regulation 2 which states that work equipment means "any machinery, appliance, apparatus, tool or installation for use at work (whether exclusively or not)".
The words in brackets are important because the equipment does not need to belong to the employer and can in fact belong to an employee who uses it for work.
However, that is not to say that if an employee uses his own equipment to help him at work that it then becomes "work equipment" for the purpose of the regulation.
The courts have determined that there must be expressed or implied permission by the employer to use that equipment or deemed to have permitted its use.
Ultimately whether something is work equipment or not depends on its function or purpose i.
e.
what it is used for.
Work equipment has been described as a piece of machinery, tool or item that is used within the workplace.
It can be something as simple as a chair to a vehicle and even a complex vehicle tail lift.
Naturally, manufacturers of such equipment have a duty to ensure that what they make and supply are safe for use and have fitted appropriate safety devices or features.
If a piece of equipment is found to be defective and it is discovered that it was either supplied in a defective state or that it contained an inherent defect that made it vulnerable to failure, the employer ultimately may seek an indemnity against the manufacturer or supplier if a member of staff is injured as a result.
The equipment must also have been used for work and for this purpose the courts have determined that there must be some element of control by the employer over the equipment itself.
So taking the simple example of a chair that is used by a trainee decorator to paint the ceiling of a house.
The chair does not belong to the employer and lets say that other equipment was made available for use by the employer to paint the ceiling.
The chair is wobbly and the employee falls suffering injury.
The employer did not consent to the use of the chair and also, on the facts, the employer could not have been deemed to have permitted its use.
The employer had no control of the chair as it belonged to a different contractor in this situation.
The employer in such circumstances would not be responsible and liable in damages to an employee who is injured in such an accident.
The above is to give you a simple example of some of the legal issues that need to be dealt with in relation to defective work equipment.
Arguments over whether a piece of equipment is or is not "work equipment" or whether it was for "use at work" or within the "employer's control" can be problematic.
The Provision and Use of Work Equipment Regulation imposes absolute obligations on employers for good reason, they are intended to ensure the work environment in which employees have to work are as safe as is reasonably possible.
If you've been involved in an accident at work due to faulty equipment, consult a specialist work accident solicitor who will be better placed to navigate through many of the complex laws and regulations that govern workplace health and safety.
If you have legal insurance cover, whether its part of your car insurance or some other policy of insurance, be aware that you are not legally obliged to go with your insurer's choice of solicitor who is selected from a panel of approved solicitors.
In any type of accident claim it's important that you get the help and advice that you need from a specialist in the area of law that is particular to your injury complaint.