Craner V Dorset County Council [2008] EWCA December 2008

Craner v Dorset County Council  [2008] EWCA  December 2008

Workplace (Health, Safety and Welfare) Regulations 1992, Reg. 12; Provision and Use of Work Equipment Regulations 1998 reg.4

 Workplace   dard of Chambers represented C, who worked as a handy-man/caretaker at one of D s schools. He was pushing a small-wheeled trolley along a paved when it came to an abrupt halt after coming into contact with a raised paving slab, striking C s ight knee and causing njury. The judge at first instance held that the defendants were i) in breach of Regulation 12(3) of the Workplace (Health, Safety and Welfare) Regulations 1992 because the surface of the workplace had not been kept free of obstructions; and ii) in breach of Regulation 4 of the Provision and Use of Work Equipment Regulation 1998 because the trolley was unsuitable work equipment. D appealedThe appeal was dismissed. Although the judge had to do his best in a case in which the evidence was painfully thin, he was not wrong to come to the conclusion he did. This accident was not a freak accident; accidents like it occur frequently. However much the courts may not wish to encourage a compensation culture, the fact remains that the Regulations exist. A case of this kind should be considered under regulations 12(1) and (2) of the Workplace Regulations because the concept of unevenness in regulation 12(2)(a) is more apt than the concept of obstruction in 1 (3) to describe the dfference in height between the paving slabs in the present case. Although the trolley was not unsuitable equipment within the Equipment Regulations, the appeal would still be dismissed.