We all require the right tools to do a job, and it is important that, in the working environment, we are provided with tools that will also ensure that we are protected from any risks to our health and safety.
The Personal Protective Equipment at Work Regulations 1992 outline the requirements that an employer needs to meet to make sure employees are protected against the potential risks to their health and safety.
On assessing the potential hazards in the workplace, the types of protective equipment an employer should consider would be:
- Safety helmets
- Eye protection
- High visibility clothing
- Safety footwear
- Clothing to protect against the weather
A failure by an employer to provide suitable, adequate and well maintained equipment could entitle an employee to make a claim for compensation against their employer for any injury sustained as a direct result of a failure to make the relevant equipment available.
There may also be potential to make a claim where the protective equipment is supplied, but the employer has failed to provide an employee with instructions as to how the equipment is to be correctly used to avoid injury.
The Employer's Liability (Defective Equipment) Act 1969 introduces a presumption that, where an employee has been injured by defective equipment used in the course of his employment, his employer is liable.
Under this Act, the employer's duty is an absolute one – he will be liable if there is any defect, even one that can be attributed to the manufacturer of the equipment. However, the Claimant still has to show that the inadequacy or defectiveness of the equipment caused his injury. This may involve evidence from an engineering consultant or similar expert.
To find out if you have a claim as a result of an accident, simply call our free phone number or complete the online enquiry form NOW for totally confidential, free no-obligation, expert advice.