The House of Lords (now known as “The Supreme Court”) has confirmed the right of employees to expect their employers to fully protect them from risks relating to the use of work equipment even if the equipment itself is not faulty.
In Robb v Salamis, Robb was working for Salamis Ltd as a scaffolder on board an offshore oil and gas platform in Aberdeen. He was provided with accommodation on the platform. His cabin was equipped with bunk beds, on two levels. Robb slept on the upper bed.
Access to the top bunk was by a suspended ladder. Robb was sleeping when the suspended ladder was disengaged. When he attempted to descend, the ladder gave way and both he and the ladder fell five feet to the floor and he suffered injuries.
The ladder was not defective. They were removable and were routinely removed and replaced. It appears the ladder on this occasion had been improperly replaced by a work colleague while Robb was sleeping.
A matter of 9 months after the accident, Salamis adapted all the ladders, allowing them to be screwed permanently to the bunks.
The judge at the lower court decided that Robb was entirely to blame for his
accident at work, having failed to check the ladder before descending.
The House of Lords allowed Robb’s appeal. Lord Hope explained the point as follows:
“When an employer is assessing the risks to which his employees may be exposed when using equipment that he provides for them to work with, he must consider not only the skilled and careful man who never relaxes his vigilance. He must take into consideration “the contingency of carelessness on the part of the workman in charge of it and the frequency with which that contingency is likely to arise”
The ladder was not suitable for the purpose for which it was used because when Robb’s colleague replaced it, the ladder could not work properly. Since the ladder was not properly replaced, it was likely to cause injury. This risk could have been avoided by Salamis if they had screwed the ladder to the side of the bunks, as was done after the accident.
Employers must make sure that their employees are properly trained in the methods of use of work equipment, risks and precautions.
In this case the ladder was an
unsuitable work equipment for the purpose of accessing the upper bunk beds, because the careless use of the ladder was likely to result in avoidable injury. This was a risk factor Salamis should have taken into account.
If you have had an accident at work involving faulty work equipment, you may be entitled to claim compensation.
Asiimwe Balinda
Personal injury solicitor