Where workers are required as part of their job to use industrial machinery, the employer is obliged by law under the Safety, Health and Welfare at Work Act, 2005 to provide workers with safe and properly maintained machinery. Where the machinery is dangerous there is an onus on the employer to provide training for the workers using it. For the employer, proper records of maintenance of the machinery are particularly important especially where there is an injury and or claim. When a court is deciding on claims for injuries arising from faulty machinery, foreseeable accidents will usually work against employers. In this instance, the court could find that an accident might well have been avoided if the employer took particular safety steps. Accordingly, there is a high duty of care placed on employers where accidents are caused by faulty machinery. Employers should adhere strictly to maintenance of machinery and not cut any corners to save on costs.
A court will expect the employer to have acted sensibly and to have taken all reasonable steps to avoid accidents. Any signs of faults on equipment should be brought to the employer’s attention immediately. If an employee notices a machine not working properly, he/she should immediately report this to the supervisor otherwise he/she, potentially, may not secure any damages in the event of injury.
If you have been involved in any workplace accident and would like to discuss same please do not hesitate to contact us.
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