It is easy for employers to fall into the trap of believing that because training has been given they have fulfilled their health and safety obligations.
A recent case concerned a delivery driver who was reversing a mobile elevating work platform when he struck an overhead pipe and was killed. The pipe had not been identified as a specific hazard, but the site entrance had a danger sign indicating that headroom was limited.
Although the driver had been given training on the use of equipment similar to that which he was operating, he had not had any refresher courses for several years, nor had he been trained to drive a machine as big as the one he was using.
The court criticised the dead man’s employer for not providing up-to-date training and for not putting into effect procedures to ensure he was aware of his surroundings. In particular, when the site had been visited by the company’s sales manager, no note had been made of the limited headroom.
The site operators came under fire for failing to mark clearly the dangerous pipe and for not erecting a warning sign bringing it to the attention of those approaching it.
Both parties were found to have contributed to the accident. The defence that it was the driver’s responsibility to carry out his own risk assessment was not accepted and he was not found to bear any responsibility for the accident.
This case illustrates the high standards expected of the owners of workplace premises with regard to the safety of visitors to the site and of employers in order to ensure the safety of their employees. It is all too easy to let appropriate standards slip.
Health and safety policy should be kept under regular review, with risk assessments and appropriate training kept up to date.
The Health and Safety Executive has useful guidance on the use of mobile elevating work platforms, including identifying and managing the risks involved. This can be found at http://www.hse.gov.uk/falls/mewps.htm.
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Evans v (1) Windsor and Maidenhead Royal Borough Council (2) Charles Wilson Engineers Ltd. [2011] EWHC 2096 (QB).
The Health and Safety Executive’s guidance on the use of mobile elevating work platforms can be found at http://www.hse.gov.uk/falls/mewps.htm.