Mr Green was a bus driver who slipped on the step of his bus. Passengers had dripped rainwater on the step. Counsel for Mr Green referred to article 5(1) of the Framework Directive which states: ‘The employer shall have a duty to ensure the safety and health of workers in every aspect related to work.’ It was submitted that because of the wetness the step had not been maintained in an efficient condition within the meaning of the regulation. After consideration of the relevant terms of the Treaty of Rome and of the Framework and Work Equipment Directives, it was again decided that the duties under European law are not in any sense absolute obligations. It is sufficient if Parliament respects the specified minimum requirements. On the merits of the case, following the general approach set out in Latimer Lord Justice Kay said: ‘I find it impossible to conclude that a bus which is going about its ordinary everyday work, picking up passengers and transporting them in weather which was not in any way out of the ordinary, can be described as not being maintained in an efficient state just because, on a rainy day, some water has got onto the step, either from the wet clothing of the passengers or from their feet. To hold otherwise would be to impose the sort of absolute duty for which Mr Copnall contended but which I reject.’
Judges:
Kay LJ
Citations:
[2001] EWCA Civ 1925
Links:
Jurisdiction:
England and Wales
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.
Health and Safety
Updated: 04 October 2022; Ref: scu.218615
