Employers' primary liability - Duty to provide safe equipment and machinery

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Overview

Employers' obligation to provide safe equipment and machinery is vital to workplace safety law, covering both common law and statutory duties. Understanding this is essential for SQE1 FLK1 candidates, intertwining with principles of negligence, occupiers' liability, and statutory interpretation. This article examines the legal foundations, key cases, and real-world applications of employers' primary liability in ensuring workplace safety through proper equipment and machinery provision.

Common Law Duties

Employers must ensure the safety of equipment and machinery used by employees, extending beyond provision to include maintenance, inspection, and training.

Scope of the Duty

Employers must take reasonable care in providing safe equipment. In Wilsons and Clyde Coal Co Ltd v English [1938] AC 57, Lord Wright emphasized a threefold obligation:

"The provision of a competent staff of men, adequate material, and a proper system and effective supervision."

This obliges employers to go beyond mere equipment safety, covering the entire work system.

Key Elements

  1. Provision: Equipments should be suitable and defect-free.
  2. Maintenance: Regular checks are necessary for continued safety.
  3. Inspection: Routine inspections identify and fix potential hazards.
  4. Training: Employees need proper training in equipment use.

Non-Delegable Nature

Employers cannot evade responsibility by assigning tasks to others. In Cook v Square D Ltd [1992] ICR 262, it was ruled that an employer remained liable for injuries from defective equipment provided by an independent contractor.

Statutory Duties

Statutory laws have expanded common law duties, adding layers to employer liability.

Health and Safety at Work Act 1974

This Act forms the core of UK workplace safety laws. Section 2(2)(a) mandates:

"The provision and maintenance of plant and systems of work that are, so far as is reasonably practicable, safe and without risks to health."

This requires balancing risk against cost, as seen in Edwards v National Coal Board [1949] 1 KB 704.

Employers' Liability (Defective Equipment) Act 1969

This Act imposes strict liability on employers for injuries from defective equipment, even if caused by a third party. Section 1(1) asserts:

"Where... an employee suffers personal injury... in consequence of a defect in equipment provided... and the defect is attributable wholly or partly to the fault of a third party... the injury shall be deemed... attributable to negligence on the part of the employer."

This broadens employer liability, emphasizing equipment safety regardless of its origin.

Provision and Use of Work Equipment Regulations 1998 (PUWER)

PUWER sets specific rules for work equipment, including:

  1. Suitability (Regulation 4)
  2. Maintenance (Regulation 5)
  3. Inspection (Regulation 6)
  4. Information and instructions (Regulation 8)
  5. Training (Regulation 9)

These regulations guide compliance, often cited in legal cases to establish expected employer standards.

Noteworthy Case Law

Wilsons and Clyde Coal Co Ltd v English [1938] AC 57

This case established the unshirkable nature of an employer's duty to provide a safe system of work.

Key Principle

The employer's duty is personal and cannot be passed on by appointing a competent person.

Stark v Post Office [2000] EWCA Civ 64

Here, the extent of an employer's duty for equipment upkeep was center stage when a postman was injured. The Court of Appeal found the Post Office lacked an adequate inspection and maintenance system.

Key Principle

Regular inspection and maintenance systems are essential, beyond just reactive measures.

Cairns v Northern Lighthouse Board [2013] CSOH 22

This Scottish case focused on PUWER and defective equipment usage. The court highlighted the importance of risk assessment and considering equipment misuse.

Key Principle

Employers must conduct thorough risk assessments, considering both intended use and potential misuse.

Defenses and Limitations

Despite extensive employer liability, some defenses and limitations exist:

1. Contributory Negligence

Employee negligence can reduce compensation. In Fytche v Wincanton Logistics Plc [2004] UKHL 31, damages were reduced by 60% due to inappropriate footwear.

2. Volenti Non Fit Injuria

Although rarely successful due to employer-employee power imbalance, this defense may apply if safety protocols are blatantly ignored.

3. Statutory Exclusions

Some laws offer limited exclusions. Section 29 of the Employers' Liability (Compulsory Insurance) Act 1969 exempts certain public bodies from requiring insurance.

Practical Application and Exam Relevance

For SQE1 FLK1 candidates, applying these concepts to complex scenarios is critical. Consider this example:

A factory worker gets injured when a safety guard on a machine fails. The machine was from a reputable supplier and inspected two months before. The worker had basic training but habitually bypassed the guard to clear jams quickly.

Analysis:

  1. Common Law Duty: The employer holds a non-delegable duty for safe equipment. Recent inspections show some compliance, but inspection frequency and quality could be scrutinized.
  2. Statutory Duty: Under PUWER, equipment suitability and maintenance are mandatory. The malfunction indicates possible breaches of Regulations 4 and 5.
  3. Training: Basic training may not be sufficient, challenging compliance with Regulation 9 of PUWER.
  4. Contributory Negligence: The worker’s habit could reduce damages.
  5. Employers' Liability (Defective Equipment) Act 1969: Even if the defect was supplier-related, the employer is deemed negligent under this Act.

This example showcases the interaction between common law, statutory obligations, and possible defenses, necessitating detailed analysis for the FLK1 exam.

Conclusion

Employers' duty to provide safe equipment is a complex obligation, rooted in common law, statutory provisions, and case law. For SQE1 FLK1 candidates, a strong command of this topic demands applying these principles to varied scenarios. The relationship between non-delegable duties, statutory obligations, and available defenses requires careful analysis.

Key takeaways:

  1. The duty is personal and extends beyond provision to include maintenance, inspection, and training.
  2. Statutory laws, especially the Health and Safety at Work Act 1974 and PUWER, set clear employer obligations.
  3. Case law outlines key principles, like the need for robust inspection systems and detailed risk assessments.
  4. Defenses exist but are limited and challenging to establish.
  5. Applying these principles in complex scenarios is essential for exam success and future practice.