Case Law - OHS.me.uk
Transcript of Case Law - OHS.me.uk
Case Law
Case Law
Absolute Duty
Summers & Sons v. Frost
Grinding wheel (pre abrasive wheel regs)
Absolute duty to guard moving machinery
Even if it renders machine unusable
Case Law
Reasonably Practicable
Edwards v. NCB 1949
Miner killed – section of underground road collapsed
Balance – quantum of risk against sacrifice
NCB liable – cost not great compared with risk
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Practicable
Marshall v. Gotham 1954
Roof collapsed in mine
Employer had taken all practicable steps
Event not foreseeable – unexpected / abnormal faults
Defined difference between RP and Prac.
Adsett v. K + L Engineering
Man injured – silica dust – no extraction
Extraction fitted as soon as thought about – too late
Whatever is technically possible – measure has to be known for
its application by industry experts
Cost time money – not taken into account
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Breach of Stat Duty
Uddin v. Assoc Portland Cement Manuf
Into unauth. Part of factory to catch pigeon (roof)
Fell into moving machinery
Protection even if working outside the scope of
employment (authorised worker could have had same
accident)
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Duty of Reasonable Care
Neighbour Principle
Donoghue v. Stevenson 1932
Test – if reasonably foreseen that act or omission
may cause harm to them
Duty to end user
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Employers Common Law Duty of Care
Wilsons and Clyde Coal v. English
(1938)
Agent ran mine – can not delegate duty of care to 3rd
party
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Occupiers Liability (trespass)
British Railways Board v. Herrington
Child onto rail tracks through fence
Board aware previously – clear evidence of
trespassing
Duty of care to trespassers
If aware of danger
Risk is one which occ might reasonably be expected to do
something about
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Voluntary Acceptance of Risk
Smith v. Baker & Sons (1891)
Crane working overhead
Claimant knew of risk
Threatened with dismissal if objected
So not “voluntarily accepted”
ICI v. Shatwell
Two brothers – shot blasters – tested equip in open
Quarries Regs required to be in position of safety
Voluntarily accepted risk
Volenti non fit injura
Conspire to breach stat duty against emplyers specific instructions
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Breach must cause injury
McWilliams v. Sir William Arrol & Co
Ltd
Co did not supply belts / harnesses
Held that breach did not cause injury – would not
have worn them even if provided (evidence)
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Loss to be Consequence of Breach
Corn v. Weirs Glass (Hanley) Ltd
Glazier fell down stairs – holding glass 2 hands
Held that lack of handrail did not cause injury
(Safe Place Of Work)
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Discharge of Duty – Reasonable Care
Latimer v. AEC Ltd
Factory floor flooded after storm
Sawdust applied, but worker slipped
Held that storm unforeseeable – employer was
reasonable
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Safety Of 3rd
Parties –
Provision of Info
R v. Swan Hunter
Contractors not supplied with rule book re. oxygen
equip.
HAWASA
Sec 2 – failure to provide info and instruction to ensure safety
of employees
Sec 2 – safe system of work
Sec 3 – persons not employed not exposed to risk
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Safety Of 3rd
Parties –
Provision of SSOW
R v. Assoc Octel Co Ltd
Contractor repair tank during shut down period
PTW issued – proved inadequate and not monitored
Reasonably Practicable to ensure contractors health
and safety.
Undertakings = any work carried out on premises
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Personal Liability of Executives
Armour v. Skeen
Director prosecuted
Sec 37 HASAWA – failed to formulate sound policy
Said no personal duty
Personal duty of directors – ruled “directing mind”
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Vicarious Liability
Rose v. Plenty
Milkman delivering milk – breach of duty of care
Boy fell off van – despite employer instructing
otherwise
Employer claimed injury due to driving
Appeal ruled employer liable -
Boy was helping to deliver milk – normal duties – even
though against company rules
Case Law
EMPLOYERS DUTY TO PROVIDE NECESSARY
EQUIPMENT
Bradford v. Robinson Rentals
Employee injured – frostbite
Van had no heater
Some kind of injury was foreseeable
Case Law
Higher Duty of Care – Vulnerable Employees
Paris v. Stepney Borough Council
Employee blind in one eye
Employer aware
Damaged good eye – goggles not provided
Higher risk due to disability
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Stress at Work - Reasonableness
Sutherland v. Hatton and others
Not liable unless illness reasonably foreseeable
Case Law