Regulations 5 of The Workplace (Health, Safety and Welfare) Regulations 1992 is really helpful Regulation in many accident at work claims that we run. So, you may ask what is Regulation 5? What does it relate to and what significance does it have to me?
Regulation 5: ‘Maintenance of workplace, and of equipment, devices and systems’
This seems like quite a broad term and so we need to establish what it means and more importantly what it applies to.
The following 3 points should help clarify the definition:
1. The workplace and the equipment, devices and systems to which this regulation applies shall be maintained (including cleaned as appropriate) in an efficient state, in efficient working order and in good repair.
2. Where appropriate, the equipment, devices and systems to which this regulation applies shall be subject to a suitable system of maintenance.
3. The equipment, devices and systems to which this regulation applies are:
* Equipment and devices faults which are liable to result in a failure to comply with any of these Regulations; and
* Mechanical ventilation systems provided pursuant to regulation 6 (we shall cover this at a later stage)
It is very important to note that an Employer’s duty is absolute and the phrase ‘shall be maintained’ is a crucial instruction to your Employer under the Regulations.
The above may dazzle the brain a bit with the law talk and the terminology; so I will give you an example of a great case which was won because of the above regulation.
The case is that of ‘Malcolm v Commissioner of Police of the Metropolis’ whereby judgment was found in favour of the Claimant (the injured party) after her left arm had been trapped when the defective doors of a lift closed on her.
The injured lady won her claim as it did not matter that the defect with the lifts was ‘unforeseeable’ and it did not matter that her employer had a good maintenance system in place; there was strict liability on the employer which means that she had to be compensated for the injury as the regulation states ‘shall be maintained in an efficient state’. So it did not matter that the employer had a good maintenance system and it did not matter that the employer could not foresee the incident occurring.
So, the word maintained implies an absolute duty on your employer and the accident like in the lift accident above does not need to be foreseeable!
