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Safe Appliances, Equipment and Plant
We have seen that the law demands that an employer should provide a safe place of
work and a safe system of work, and that there are common sense reasons for
employing competent staff. It will come as no surprise to you to learn that there is a
requirement for the employer to provide proper plant and appliances, for without these
a place of work - however competent the staff - would quickly become a place of danger.
The employer is required not only to provide proper plant and appliances but also to
maintain them in proper condition. Again, the standard demanded is that of reasonable
care.
Much will depend on the type of work which is being carried out and it is safe to assume
that the greater the risk involved, the greater the care that must be taken. The employer
must also indicate that he has shown reasonable foreseeability if he wishes to escape
liability. The law will not look kindly on an employer who fails in this respect, for injury
and suffering may be inflicted on an employee who is carrying out his duties in what
might be considered to be fairly safe conditions.
Machinery, tools, plant, equipment and appliances are all items that must receive
careful consideration. They must at all times be kept in a well-maintained and safe
condition. The responsibility placed on the employer has been well established by case
law and is not likely to be diminished.
The Employers Liability (Defective Equipment) Act 1969 attributes negligence to an
employer where:
An employee suffers injury in the course of employment because of defective
equipment
The equipment was provided by the employer for use in connection with his
business
The defect was attributable to a third party such as a manufacturer, supplier,
distributor or importer
An easy way to remember the legal position is to understand that, in most cases, the
employer creates the opportunity of work and with the work go the hazards. Looked at
logically, the employer must take on the heavy responsibility of ensuring that his place
of work is as safe as is required by law.
If an employer fails in his duty to respect of any or all of these responsibilities, he will be
liable to the employee in the tort of negligence for damages to compensate the
employee for injuries caused and lost wages. This is because he owes the employee a
duty of care, and he has been in breach of his duty by being negligent, i.e. doing
something or failing to act in circumstances where the reasonable man would foresee
that injury is likely to be caused and the employee has suffered damage and lost wages
