Law lords rule on off-site health & safety duties
The House of Lords has limited the scope of employers’ strict liability for equipment used off site by employees in the execution of their duties.
In Smith v Northamptonshire County Council [2009] UKHL 27, the law lords held that a local authority was not liable for the injury of a care worker when using a defective wheelchair ramp at a client’s home.
The claimant, a driver and carer employed by Northamptonshire County Council, was injured when the edge of the ramp crumbled while she was pushing a client from her home to a minibus. The ramp had been provided by the NHS 10 years earlier.
The case centred around whether the ramp constituted “work equipment...provided for use or used...at work” under the Provision and Use of Work Equipment Regulations 1998.
In reaching their decision, the law lords considered whether the ramp was part of the employer’s undertaking and whether it was provided to the employee by the employer or by someone else with the employer’s consent. The council did not provide the ramp and had no responsibility or right to repair it. The law lords ruled 3-2 in favour of the council, finding that it did not have the requisite level of “control” over the ramp and therefore was not liable under the Regulations.
Rubina Zaidi, associate at Shoosmiths, which represented the council, says: “This comes as a massive relief to just about every business and organisation you care to mention.
“It would have had wide ranging implications, and meant employers making extra provision for unforeseen risk.”
Catherine Wolfenden, associate, Osborne Clarke, says: “For employers with employees who work off site for much of the time, this judgment provides useful clarification of their potential liability.
“The judgment shows that there must be specific link between the work equipment and the employer’s undertaking before the employer comes under the strict responsibilities imposed by the Regulations.” (See this issue p 773 for more on the Regulations).
