Ellis v Bristol City Council [2007] EWCA Civ 685, [2007] All ER (D) 76 (Jul)
Regulation 12 of the Workplace (Health, Safety and Welfare) Regulations 1992 (SI 1992/3004) (floors must be suitable for purpose) requires the court to consider suitability in the context of the circumstances of use, including circumstances which are temporary in nature, providing they arise with a sufficient degree of frequency and regularity.
The paragraphs read together, require that the surface of a floor or traffic route must not be slippery. The court also reiterated that official publications emanating from the relevant government department can be referred to in civil proceedings as an aid to construction and that a Code of Practice which is designed to give practical guidance to employers as to how to comply with their duties under statutory regulations can be taken as providing some assistance as to the meaning it was intended those regulations should have.
However, it is always necessary to treat such guidance with caution, since it may be wrong and does not carry the authority of a decision of the courts.
