Faulty Work Equipment

The Provision and Use of Work Equipment Regulations 1998 (PUWER) impose a duty on employers to ensure that any risks to people’s health and safety arising from the use of work equipment are prevented or at least controlled by:

• selecting the right equipment for the job
• ensuring work equipment is used safely and that staff are properly trained
• inspecting and maintaining work equipment to ensure it remains safe

‘Work equipment’ is any machinery, tool, appliance or apparatus used at work and can include the employees own equipment, as the employer must ensure that it is used safely. The ‘use’ of work equipment is very widely interpreted and covers ‘any activity involving work equipment and includes starting, stopping, programming, setting, transporting, repairing, modifying, maintaining, servicing and cleaning’

These duties apply to employers, the self-employed and any other people who may have control over the work equipment. They must ensure that:

• the work equipment is constructed or adapted to be suitable for its intended use or purpose;
• the equipment is only used for suitable purposes;
• that the equipment is maintained in an efficient state and in good working order
• they consider the working conditions and any risks to health and safety in the workplace when selecting work equipment;
• that all people who use or supervise the use of work equipment have received adequate training, enabling them to safely use the equipment and ensuring that they are adequately warned about the risks that may arise from its use and the precautions to take.

The above list does not cover every aspect of this complex area and it’s important to take proper advice from professionals with the necessary expertise. Such claims need to be handled sensitively and carefully and here at Dickinson Parker Hill, we have vast experience of dealing with work equipment claims and can provide you with the expert advice and guidance you need to ensure that you recover the compensation you’re entitled to.

Our team of dedicated personal injury lawyers offer a  ‘no win, no fee’ accident claim service.