Have you had an accident at work due to leaking machinery? Quite often, any sort of substance leaking out of machinery can cause slips and trips, and not to mention all sorts of injuries within the workplace! Most of the time, the reason for leaking machinery can be caused by a defective machine, that has either not been maintained by the employer, or is not working properly.
How does the law come into this sort of accident?
The Provision and Use of Work Equipment Regulations 1992 (also known as PUWER) was brought into place to ensure that all equipment used within the workplace meets the standardised level of safety required. It also ensures that equipment used within the workplace is maintained on a regular basis. For example, new machinery will not remain in a new condition if it is used by several employees on a daily basis. Wear and tear is usually a contributing factor for faulty and leaking machinery. So even if there have been no previous problems, it is still very important that your employer carries out regular checks and reports on the machinery.
If I have been injured by leaking machinery, who is at fault?
If you have been injured by leaking machinery at work, with regards to PUWER, this states that your employer should be liable for your injuries, even in circumstances where, after investigation, there may have been no actions your employer could have taken to prevent your accident and injuries from happening. So, from the regulations put into place by PUWER, even if your employer would have no way of knowing the leaking machinery was faulty, then they would still be liable for your injuries.
There is also separate regulations for covering slip hazards on a floor as well.
How should accidents from leaking machinery be prevented?
It can be said that the PUWER regulations almost act as a reassurance for employees, as it puts pressure on employers to ensure that the machinery is inspected regularly and therefore maintained to a high standard. However, if any problems were to occur, then this gives the employee the knowledge that if they were to have an accident due to leaking machinery, then they would be able to claim compensation for their injuries, holding their employer liable.
