Author: David Combes
Published: May 14, 2012
Reading time: 2 minutes
This article is 9 years old.
Read our disclaimer keyboard_arrow_down
This website content is intended as a general guide to law as it applies to the motor trade. Lawgistics has taken every effort to ensure that the contents are as accurate and up to date as at the date of first publication.
The laws and opinions expressed within this website may be varied as the law develops. As such we cannot accept liability for or the consequence of, any change of law, or official guidelines since publication or any misuse of the information provided.
The opinions in this website are based upon the experience of the authors and it must be recognised that only the courts and recognised tribunals can interpret the law with authority.
Examples given within the website are based on the experience of the authors and centre upon issues that commonly give rise to disputes. Each situation in practice will be different and may comprise several points commented upon.
If you have any doubt about the correct legal position you should seek further legal advice from Lawgistics or a suitably qualified solicitor. We cannot accept liability for your failure to take professional advice where it should reasonably be sought by a prudent person.
All characters are fictitious and should not be taken as referring to any person living or dead.
Use of this website shall be considered acceptance of the terms of the disclaimer presented above.
A company have recently faced fines following an employee accident at work which had arisen as a result of a lack of any adequate risk assessment.
Had the appropriate risk assessments been undertaken the employee would have been fully aware of the potential risks the work faced and thus could have avoided the accident which occurred.
The incident arose when a folk lift worker was transporting molten slag (with an estimated temperature of 800 degree Celsius) across a warehouse. The container holding the slag fell off the fork lift, spilling over the floor. The slag ran into the drains and made contract with water, causing an explosion in the warehouse. Upon trying to escape, the employee landed in some slag.
The Employee suffered extensive burns to the face, arm, chest, back and left foot, requiring months of treatment. The risk assessment had not identified that the container could have fallen from the fork lift and further failed to indicate the effect the slag would have when exposed to water.
The risk assessment had indentified the risks of a small spill, but had never anticipated a large scale spillage of this nature, and thus pleaded guilty to breaches of Section 3 (1) of the Health and Safety at Work Act 1974.
They were fined £10,000 as a result.