The application of the phrase ‘work equipment’ is to protect the workman using such equipment. This might embrace routine maintenance or cleaning or even minor repairing while the machine is operating. The 1998 Regulations should not be interpreted narrowly and in a way which would fail to implement the Framework Directive.
Judges:
Lord Reed
Citations:
[1999] ScotCS 29, 1999 SCLR 310
Links:
Statutes:
Work Equipment Directive (Council Directive 89/655/EEC of 30 November 1989, Provision and Use of Work Equipment Regulations 1998
Cited by:
Cited – Munro v Aberdeen City Council SCS 17-Sep-2009
Safety Duty on Employer was not Absolute
The pursuer was injured slipping on ice in her defender employer’s car park. Liability depended on the interpretation of regulation 5, the claimant saying that it imposed an absolute requirement to maintain the workplace in efficient working order . .
Lists of cited by and citing cases may be incomplete.
Scotland, Health and Safety, European
Updated: 05 June 2022; Ref: scu.169690