The claimant appealed against rejection of his claim for personal injuries. He had been employed cleaning streets and when his hand was badly cut, complained that he should have had protective gloves.
Held: For equipment to be suitable, it must be effective.
Smith LJ said: ‘If a residual risk exists, the regulation is engaged, provided that the risk of occurrence is not so slight as to be de minimis or the nature of the harm so trivial that it should properly be ignored.’
Judges:
Ward, Smith, Jackson LJJ
Citations:
[2010] EWCA Civ 1147, [2011] ICR 209
Links:
Statutes:
Personal Protective Equipment at Work Regulations 1992
Jurisdiction:
England and Wales
Cited by:
Cited – Hampshire Police v Taylor CA 9-May-2013
The officer had been cut by glass when clearing out a cannabis factory. The risk assessment had identified only a need for latex gloves. She said that given the environment heavier garden gloves should have been provided. The Chief Constable . .
Lists of cited by and citing cases may be incomplete.
Personal Injury, Health and Safety
Updated: 25 August 2022; Ref: scu.425355
