As discussed in the previous post about accident at work regulations, there are some really helpful Work Regulations which can be used to win your injury claim if you have had an accident in the workplace.
I covered Regulation 5 of The Workplace (Health, Safety and Welfare) Regulations 1992 in my last post.
And now I want to move on and to look at Regulation 12 of The Workplace (Health, Safety and Welfare) Regulations 1992 .
What does Regulation 12 cover and how will it protect me?
‘Trips and slips at work’ is the short of it!
It is important to know the content of this section if you have had a trip or a slip at work:
Regulation 12 covers the Condition of floors and traffic routes:
1. Every floor in the workplace and the surface of every traffic route in a workplace shall be of a construction such that the floor or surface of the traffic route is suitable for the purpose for which it is used.
2. Without prejudice to the generality of paragraph (1), the requirements in that paragraph shall include requirements that:
* The floor, or surface of the traffic route, shall have no hole or slope, or be uneven or slippery so as, in each case, to expose any person to a risk to his health or safety; and
* Every such floor shall have effective means of drainage where necessary.
3. So far as is reasonably practicable, every floor in a workplace and the surface of every traffic route in a workplace shall be kept free from obstructions and from any article or substance which may cause a person to slip, trip or fall.
4. In considering whether for the purposes of paragraph (2)(a) a hole or slope exposes any person to a risk to his health or safety:
*No account shall be taken of a hole where adequate measures have been taken to prevent a person falling; and
*Account shall be taken of any handrail provided in connection with any slope.
5. Suitable and sufficient handrails and, if appropriate, guards shall be provided on all traffic routes which are staircases except in circumstances in which a handrail cannot be provided without obstructing the traffic route.”
An important case in this instance is that of ‘Palmer v Marks & Spencer plc’ whereby an employee had tripped over a weather strip in one of the doorways. The weather strip was some 8-9.5 mm proud of the floor. Both the Judge at first instance and The Court of Appeal held that the weather strip had not presented any real danger. In this case the weather strip had not tripped over any of Marks and Sparks customers (and they get quite a few through the door!) or any of there other staff.
Although the employee lost the claim the case can still be considered if you have had a fall at work as Lord Justice Schieman made a number of comments. Lord justice Schieman stated that the case of ‘Palmer’ related to a shop, whereby many people with different degrees of mobility, footwear, tiredness, attention, amount of bags etc would pass by. The rise in the floor which was being considered occurred everywhere and the ‘ordinary person’ would not regard such a floor as exposing him/her to a health and safety risk.
Taking his comments into account, we feel that an unnecessarily uneven floor at work which serves no purpose in the workplace would be considered to be a hazard and that your employer has a duty to ensure that it is corrected or reasonable measures have been taken to prevent you causing yourself an injury. So if you have tripped over such a hazard which serves no purpose and you employer has taken no steps to correct the hazard then you should be able to make a claim.
