The plaintiff was injured when working for the defendants spraying glaze onto jars. A small foreign body was blown into her eye. She said that no eye protection had been suuplied as required by the regulations. Held: The plaintiff’s appeal succeeded: ‘this was an operation which, when one looks at it in the round, carried … Continue reading Gerrard v Staffordshire Potteries Ltd: CA 2 Nov 1994
The employer was prosecuted under the 1961 Act. Held: the burden of proving that it was not reasonably practicable to make and keep a place of work safe rested upon the defendant employer. If an exception was to be established, it was for the party claiming the exception to establish it. (Majority) Where a linguistic … Continue reading Nimmo v Alexander Cowan and Sons Ltd: HL 1967
An employer’s duties to provide a safe workplace exists despite the lack of forseeability of any accident of the type which occurred. Citations: Times 29-Sep-1995, [1995] SC 518 Statutes: Factories Act 1961 29(1) Cited by: Cited – Baker v Quantum Clothing Group Ltd and Others SC 13-Apr-2011 The court was asked as to the liability … Continue reading Mains v Uniroyal Englebert Tyres Ltd: IHCS 29 Sep 1995
A forklift truck can be ‘place’ within Act despite being moveable. Citations: Times 04-Nov-1994 Statutes: Factories Act 1961 29(1) Health and Safety Updated: 08 April 2022; Ref: scu.81091
The court was asked as to the liability of employers in the knitting industry for hearing losses suffered by employees before the 1989 Regulations came into effect. The claimant had worked in a factory between 1971 and 2001, sustaining noise induced hearing losses before 1989. The defendant companies now appealed against a finding of liability. … Continue reading Baker v Quantum Clothing Group Ltd and Others: SC 13 Apr 2011
