Employer's Liability (Defective Equipment) Act 1969

Last updated

Employer's Liability (Defective Equipment) Act 1969
Act of Parliament
Royal Coat of Arms of the United Kingdom (variant 1, 1952-2022).svg
Long title An Act to make further provision with respect to the liability of an employer for injury to his employee which is attributable to any defect in equipment provided by the employer for the purposes of the employer’s business; and for purposes connected with the matter aforesaid.
Citation 1969 c. 37
Territorial extent Great Britain
Dates
Royal assent 25 July 1969
Commencement 25 October 1969
Status: Current legislation
Text of statute as originally enacted
Revised text of statute as amended

The Employer's Liability (Defective Equipment) Act 1969 (c. 37) is a short statute in the United Kingdom which makes employers strictly liable for defective equipment that causes any injury. The purpose was to ensure that employers fully insure their staff for all health and safety risks, and are encouraged to put in place preventative measures.

Contents

Case law

See also

Related Research Articles

<span class="mw-page-title-main">Personal protective equipment</span> Equipment designed to help protect an individual from hazards

Personal protective equipment (PPE) is protective clothing, helmets, goggles, or other garments or equipment designed to protect the wearer's body from injury or infection. The hazards addressed by protective equipment include physical, electrical, heat, chemicals, biohazards, and airborne particulate matter. Protective equipment may be worn for job-related occupational safety and health purposes, as well as for sports and other recreational activities. Protective clothing is applied to traditional categories of clothing, and protective gear applies to items such as pads, guards, shields, or masks, and others. PPE suits can be similar in appearance to a cleanroom suit.

The Occupational Safety and Health Administration is a regulatory agency of the United States Department of Labor that originally had federal visitorial powers to inspect and examine workplaces. The United States Congress established the agency under the Occupational Safety and Health Act, which President Richard M. Nixon signed into law on December 29, 1970. OSHA's mission is to "assure safe and healthy working conditions for working men and women by setting and enforcing standards and by providing training, outreach, education, and assistance." The agency is also charged with enforcing a variety of whistleblower statutes and regulations. OSHA's workplace safety inspections have been shown to reduce injury rates and injury costs without adverse effects on employment, sales, credit ratings, or firm survival.

<span class="mw-page-title-main">Workers' compensation</span> Form of insurance

Workers' compensation or workers' comp is a form of insurance providing wage replacement and medical benefits to employees injured in the course of employment in exchange for mandatory relinquishment of the employee's right to sue his or her employer for the tort of negligence. The trade-off between assured, limited coverage and lack of recourse outside the worker compensation system is known as "the compensation bargain.” One of the problems that the compensation bargain solved is the problem of employers becoming insolvent as a result of high damage awards. The system of collective liability was created to prevent that and thus to ensure security of compensation to the workers.

<span class="mw-page-title-main">Occupational Safety and Health Act (United States)</span> United States labor law

The Occupational Safety and Health Act of 1970 is a US labor law governing the federal law of occupational health and safety in the private sector and federal government in the United States. It was enacted by Congress in 1970 and was signed by President Richard Nixon on December 29, 1970. Its main goal is to ensure that employers provide employees with an environment free from recognized hazards, such as exposure to toxic chemicals, excessive noise levels, mechanical dangers, heat or cold stress, or unsanitary conditions. The Act created the Occupational Safety and Health Administration (OSHA) and the National Institute for Occupational Safety and Health (NIOSH).

Construction site safety is an aspect of construction-related activities concerned with protecting construction site workers and others from death, injury, disease or other health-related risks. Construction is an often hazardous, predominantly land-based activity where site workers may be exposed to various risks, some of which remain unrecognized. Site risks can include working at height, moving machinery and materials, power tools and electrical equipment, hazardous substances, plus the effects of excessive noise, dust and vibration. The leading causes of construction site fatalities are falls, electrocutions, crush injuries, and caught-between injuries.

Assumption of risk is a defense, specifically an affirmative defense, in the law of torts, which bars or reduces a plaintiff's right to recovery against a negligent tortfeasor if the defendant can demonstrate that the plaintiff voluntarily and knowingly assumed the risks at issue inherent to the dangerous activity in which the plaintiff was participating at the time of their injury.

<span class="mw-page-title-main">English tort law</span> Branch of English law concerning civil wrongs

English tort law concerns the compensation for harm to people's rights to health and safety, a clean environment, property, their economic interests, or their reputations. A "tort" is a wrong in civil law, rather than criminal law, that usually requires a payment of money to make up for damage that is caused. Alongside contracts and unjust enrichment, tort law is usually seen as forming one of the three main pillars of the law of obligations.

<span class="mw-page-title-main">Lockout–tagout</span> Safe isolation of dangerous equipment during maintenance or testing

Lock out, tag out (LOTO) is a safety procedure used to ensure that dangerous equipment is properly shut off and not able to be started up again prior to the completion of maintenance or repair work. It requires that hazardous energy sources be "isolated and rendered inoperative" before work is started on the equipment in question. The isolated power sources are then locked and a tag is placed on the lock identifying the worker and reason the LOTO is placed on it. The worker then holds the key for the lock, ensuring that only they can remove the lock and start the equipment. This prevents accidental startup of equipment while it is in a hazardous state or while a worker is in direct contact with it.

<span class="mw-page-title-main">Health and Safety at Work etc. Act 1974</span> United Kingdom legislation

The Health and Safety at Work etc. Act 1974 is an act of the Parliament of the United Kingdom that as of 2011 defines the fundamental structure and authority for the encouragement, regulation and enforcement of workplace health, safety and welfare within the United Kingdom.

<span class="mw-page-title-main">Workplace Safety and Insurance Board</span> Government agency in Ontario

The Workplace Safety and Insurance Board (WSIB) is the workplace compensation board for provincially regulated workplaces in Ontario. As an agency of the Ontario government, the WSIB operates "at arm's length" from the Ministry of Labour, Training and Skills Development and is solely funded by employer premiums, administration fees, and investment revenue. The WSIB is one of the largest compensation boards in North America and is primarily responsible for administering and enforcing the Ontario Workplace Safety and Insurance Act (WSIA).

<span class="mw-page-title-main">Control of Substances Hazardous to Health Regulations 2002</span> United Kingdom legislation

The Control of Substances Hazardous to Health Regulations 2002 is a United Kingdom Statutory Instrument which states general requirements imposed on employers to protect employees and other persons from the hazards of substances used at work by risk assessment, control of exposure, health surveillance and incident planning. There are also duties on employees to take care of their own exposure to hazardous substances and prohibitions on the import of certain substances into the European Economic Area. The regulations reenacted, with amendments, the Control of Substances Hazardous to Work Regulations 1999 and implement several European Union directives.

Right to know is a human right enshrined in law in several countries. UNESCO defines it as the right for people to "participate in an informed way in decisions that affect them, while also holding governments and others accountable". It pursues universal access to information as essential foundation of inclusive knowledge societies. It is often defined in the context of the right for people to know about their potential exposure to environmental conditions or substances that may cause illness or injury, but it can also refer more generally to freedom of information or informed consent.

North American Occupational Safety and Health (NAOSH) Week is an annual celebration that happens during the first full week of May. The aim of the event is to raise awareness about occupational safety, health, and the environment (OSH&E) in order to avoid workplace injuries and illnesses.

The WorkCover Authority of New South Wales was a New South Wales Government agency established in 1989. The agency created regulations to promote productive, healthy and safe workplaces for workers and employers in New South Wales. The agency formed part of the Safety, Return to Work and Support Division established pursuant to the Safety, Return to Work and Support Board Act, 2012 (NSW).

<span class="mw-page-title-main">WorkSafe Victoria</span> Government agency of Victoria, Australia

WorkSafe Victoria is the trading name of the Victorian WorkCover Authority, a statutory authority of the state government of Victoria, Australia.

<span class="mw-page-title-main">Public safety diving</span> Underwater work done by law enforcement, rescue and search and recovery teams

Public safety diving is underwater diving conducted as part of law enforcement and search and rescue. Public safety divers differ from recreational, scientific and commercial divers who can generally plan the date, time, and location of a dive, and dive only if the conditions are conducive to the task. Public safety divers respond to emergencies 24 hours a day, 7 days a week, and may be required to dive in the middle of the night, during inclement weather, in zero visibility "black water," or in waters polluted by chemicals and biohazards.

Epilepsy can affect employment for a variety of reasons. Many employers are reluctant to hire a person they know has epilepsy, even if the seizures are controlled by medication. If the employee has a seizure while at work, they could harm themselves depending on the nature of the work. Employers are often unwilling to bear any financial costs that may come from employing a person with epilepsy, i.e. insurance costs, paid sick leave etc. Many people whose seizures are successfully controlled by a medication experience a variety of side effects, most notably drowsiness, which may affect job performance. Many laws prohibit or restrict people with epilepsy from performing certain duties, most notably driving or operating dangerous machinery, thereby lowering the pool of jobs available to people with epilepsy. People with epilepsy are also prohibited from joining the armed forces, though they may work in certain civilian military positions.

<span class="mw-page-title-main">Occupational safety and health</span> Field concerned with the safety, health and welfare of people at work

Occupational safety and health (OSH) or occupational health and safety (OHS), also known simply as occupational health or occupational safety, is a multidisciplinary field concerned with the safety, health, and welfare of people at work. These terms also refer to the goals of this field, so their use in the sense of this article was originally an abbreviation of occupational safety and health program/department etc. OSH is related to the fields of occupational medicine and occupational hygiene.

The Provision and Use of Work Equipment Regulations, commonly abbreviated to PUWER 1998 or simply PUWER, is a statutory instrument of the United Kingdom. It regulates the standards of safety for equipment used in work environments. Its obligations apply to both employers and employees, as well as those who provide equipment for others to use at work.

<span class="mw-page-title-main">Workplace hazard controls for COVID-19</span> Prevention measures for COVID-19

Hazard controls for COVID-19 in workplaces are the application of occupational safety and health methodologies for hazard controls to the prevention of COVID-19. Vaccination is the most effective way to protect against severe illness or death from COVID-19. Multiple layers of controls are recommended, including measures such as remote work and flextime, increased ventilation, personal protective equipment (PPE) and face coverings, social distancing, and enhanced cleaning programs.

References