How safe are you at work?
21I10I09
As I sat at home waiting
for a new washing machine to be delivered (the last one having
completely given up the ghost!), I found myself musing about the
safety standards set for those delivering my newly-purchased
product. Knowing that my old machine was heavy, I wondered about
the precautions that would be taken in the process of supplying a
new one. Would they have the right equipment? Have they had the
appropriate level of training?
Mindful that this week is
European Week for Safety and Health at Work (19th -
23rd October), I was reminded that the law governing
health and safety at work has been increasingly influenced by the
standards set in Europe, derived in particular from various
European directives. A glance at the Health and Safety Executive’s
statistics shows a considerable reduction in the number of both
fatal and non-fatal injuries since the advent of the Health and
Safety at Work Act in 1974.
Nevertheless, the results
of research commissioned by leading insurer AXA Insurance are
somewhat alarming. Over half a million people are uninsured in
their workplace and only a third of businesses understand their
legal requirement to cover employees through employers’ liability
insurance. The research found that a large number of businesses are
looking to reduce or cut out insurance cover altogether as a
cost-cutting measure. AXA warned that this is a dangerous false
economy as an employer without insurance would be left extremely
vulnerable in the event of a claim.
I have recently settled a
case, one week short of trial, on behalf of a client injured as a
result of a breach of the Manual Handling Operations Regulations.
She was awarded £80,000 after the accident accelerated the onset of
symptoms of neck pain which led her to being prematurely retired
from employment.
Bearing the AXA research
in mind, these employers would simply be unable to satisfy any
judgment in these cases. More businesses may needlessly be going to
the wall because they are not properly insured. Unlike injuries
caused by a negligent driver without insurance, where a claim is
covered by the Motor Insurance Bureau, there is no similar
provision for people injured at work. Surely this cannot be
right.
On a happier note, I am
pleased to report that my washing machine was delivered without
incident and I can wear a clean shirt to work!