Injury claims: Assessing the risk?

If an employer provides an employee with equipment, the equipment must be suitable for the task in hand.  In order to determine whether the equipment is adequate under the relevant legislation, a risk assessment is required. 

The first question that an employer has to ask is whether there is a risk of injury. If there is, can it be avoided by any other means? If the answer is “no”, then the employer has a duty to provide “suitable” protective equipment and decide what type of equipment is required to prevent the risk of injury to the employee. 

When determining whether the equipment is “suitable” the employer will have to make another assessment.

In a recent case heard in the Court of Appeal it was decided that an employer must take positive thought for the risks arising from his operations.  The first question then asked is whether the proposed item of protective equipment prevents or adequately controls the identified risk of injury. The risk assessment is thus crucial.