LEGAL

CASE LAW

Flawed risk assessments lead to appeal

Appeal judge fi nds for worker who suffered head injuries after falling from the back of a van.

PHOTOGRAPHY: ALAMY (IMAGE POSED BY A MODEL) A worker appealed against the dismissal of his claim for damages for personal injury and won. But his claim was subject to a 50% discount for his own contributory negligence.

The claim was brought against his employer following an accident the employee suffered at work and highlights how important it is that an organisation’s risk assessments adequately identify the risks from the task in hand.

The employee had fallen from the back of a box van or lorry while making deliveries. He had lowered the tail lift on the vehicle and shortly afterwards he either stepped backwards, or lost his footing, and fell approximately 1m to the ground, causing him to strike his head and sustain serious head injuries. A work activity assessment form had identifi ed as hazards both working at height and operation of the tail lift. The activities were placed in a high-risk band. The employee asserted that the employer had breached the Work at Height Regulations 2005, in particular regulation 4 on organisation and planning of work at height, and regulation 6 on the avoidance of risks from work at height. He said that measures should have been in place to ensure that the tail lift was always raised if

that it would not have been reasonably practicable to raise the tail lift when the back of the lorry was occupied.

The employee submitted that the judge wrongly treated the test of ‘reasonable practicability’ as involving a simple balancing exercise, rather than one in which a measure was only not reasonably practicable if there was gross disproportion between the quantum of risk and the sacrifi ce involved in taking that measure. a worker was in the back of the lorry.

The judge found there to be no breaches of these regulations, and

Appeal and judgement At appeal, it was discussed that the work activity assessment form identifi ed the risk of fall injuries from working at height and operation of the tail lift, but had wrongly assumed there was a safe system of work document in place for the loading of vehicles. The assessment had also identifi ed a ‘toolbox talk’ for safe working with delivery vehicles, yet that was also not in place, and only implemented after the accident. The risk should have been addressed by the employer pre-accident, and failure to do so constituted a breach of

A ‘toolbox talk’ for safe working with delivery vehicles was only implemented after the accident

the Work at Height Regulations 2005. It was also considered whether the previous judge addressed the concept of reasonable practicality. It was found that the judge misdirected himself and wrongly decided that the measure was not reasonably practicable. The risk had been considered by the employer as high and the measure was implemented after the accident. It was also discussed how the claimant had lowered the tail lift and was therefore aware that there was a drop from the back of the vehicle. The judge allowed the appeal and found for the claimant, subject to the 50% deduction for his own negligence.

L E G I S L AT I O N , G U I D A N C E A N D C O N S U LTAT I O N

CONSTRUCTION

Review of combustible materials ban

The Ministry of Housing, Communities and Local Government is seeking views on the ban of the use of combustible materials in and on external walls of buildings, including attachments.

The consultation also covers the building types included, height threshold, list of exemptions, attachments such as blinds, shutters and awnings, and a proposal to specifi cally ban the use of metal composite panels in and on the external walls of all buildings.

Any responses need to be made by April 2020.

cedr.ec/6m8

HEIGHTS

New Safety Steps guidance

New Safety Steps guidance on working at height has been launched by the Access Industry Forum. Developed by the Construction Industry Advisory Committee’s Managing Risk Well Working Group and leading industry organisations, the guidance seeks to keep safe those who need to carry out work at height.

It covers general information on working at height that can be used to underpin more specifi c points for work at height. It can also be used in poster campaigns, for the creation of fl owcharts/infographics, provide structure for training materials, assist in toolbox talks and for rules and guidelines.

cedr.ec/6ma

M E N TA L H E A LT H

CIOB: Don’t suffer in silence

Anxiety UK and the Chartered Institute of Building (CIOB) are offering a new initiative to support their members suffering from stress, anxiety or anxiety-based depression. The service will be free for users with costs met by the CIOB Benevolent Fund. It will be delivered by Anxiety UK and provide members in need with holistic wellbeing assessments, personalised treatment plans and access to psychological therapy services as required. Initiatives such as this demonstrate the progress being made within the construction industry to support the mental health and wellbeing of its workforce.

cedr.ec/6mb

MANUAL HANDLING

HSE updates INDG143

The UK Health and Safety Executive has updated guidance booklet INDG143 – Manual handling at work: a brief guide. It is aimed at employers to help them carry out their duties under the Manual Handling Operations Regulations 1992.

This fourth revision brings the risk assessment process in line with L23 on manual handling, in order to help identify low-risk tasks. It now includes more information on simple risk fi lters for lifting, lowering and carrying operations; simplifi ed advice on pushing and pulling; and a simple fi lter for manual handling when seated.

cedr.ec/6mv

VEHICLES

Green light for traffi c management plan

The Health and Safety Authority in Ireland has launched a new traffi c management plan online tool for use in the construction sector.

The plan has been developed to help construction stage project supervisors and contractors plan, manage and coordinate the movement of vehicles and pedestrians on site. It will also allow users to meet obligations under the Safety, Health and Welfare at Work (Construction) Regulations 2013, which establishes clear requirements for the safe operation of workrelated vehicles. In order to provide practical guidance, the plan is broken down into six sections: information, training, temporary works, hazards, controls and resources.

STRESS

HSENI helps release the pressure

The Health and Safety Executive for Northern Ireland has produced an innovative step-by-step guide that aims to help employers in effectively managing work-related stress. The guide is in the form of a Management Standards Wheel, and provides a framework for employers to effectively manage stress at work at an organisational level.

cedr.ec/6m1

WEATHER

Beat the heat

Working in the heat has a negative effect on health and productivity, but a research project funded by the EU’s Horizon 2020 Heat-Shield programme aims to increase worker resilience.

Researchers will look at the signs and symptoms of heat illness and best practice for protecting workers in the heat. The project is focusing on fi ve major EU industries: manufacturing, construction, transportation, tourism and agriculture.

Heat-Shield research will provide adaptation strategies for each of these industries to help protect workers and manage productivity.