For example, Regulation 5 sets out ‘Every employer shall ensure that work equipment is maintained in an efficient state, in efficient working order and in good repair‘ and Regulation 4.3 sets out ‘Every employer shall ensure that work equipment is used only for operations for which, and under conditions for which, it is suitable‘.
To summarise, an employer must ensure that all work equipment is in good working order and is completely suitable for the relevant task in hand. Examples of work equipment are hammers, knives, ladders, and may other tools – in fact, most equipment or machinery used within the working day. The 1998 regulations ensure that employees are covered when stopping and starting equipment, maintaining, cleaning and repairing all work equipment.
Employers may also wish to keep a maintenance log of all their equipment but this is not necessarily a duty they are held to. If an employer does wish to have a log, they must ensure that it is updated regularly and that all equipment is properly inspected and maintained. Any inspection of equipment needs to be carried out by a ‘competent person‘ who has ‘the necessary skills, knowledge and experience‘ to carry out that inspection thoroughly and properly.
Strict liability can be placed on the employer if they fail to ‘ensure‘ that all work equipment is in working order and therefore the equipment in use is defective. A claim can be brought against an employer if they have failed in any way to provide safe work equipment, as there is no need to show that the employer is at fault, just simply that the equipment was not safe.
Compensation can be claimed, but the amount which could be available all depends on the nature of the injury you have suffered. Medical evidence of your injury and evidence of the defective equipment may both be needed to assess your claim fully.
Call our free helpline on 0800 634 75 75 for further advice.
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