Manual Handling Accidents

One of the most common issues we encounter as personal injury lawyers is employers not providing instructions on how to handle heavy or awkward objects. The relevant legislation for this issue is laid down in the Manual Handling Operations Regulations 1992.

If an employer has manual handling as part of their operational activities they should conduct a risk assessment and implement any working practice improvements to ensure that the safety of all employees is protected.

What do the Manual Handling Operations Regulations cover?

“Manual Handling Operations” are defined as “any transporting or supporting of a load (including the lifting, putting down, pushing, pulling, carrying or moving thereof) by hand or by bodily force.”

A “load” can include an animal or person.

In the case of McIntosh v City of Edinburgh Council a ladder was deemed to be “a load” under the Regulations – the act of handling and dismantling the ladder was enough to be covered by the rules.

An employer is under a duty to avoid the need for employees to undertake any manual handling operations at work which involve a risk of them being injured.

Manual handling operations may be a single incident or could involve a repeated action over a prolonged period of time.

To meet their obligations it is necessary for employers to provide training on how to minimize the risk of injury arising through manual handling.

Involvement in a manual handling task at some point up until the point of injury does provide full protection to employees under the Regulations.

The case of King v RCO Support Services Ltd & Yorkshire Traction Co Ltd highlights this point.

The Claimant (employee) had arrived at work to find the yard was icy. In accordance with his employer’s policy and procedures he crossed the yard to the store of grit, took a sack of grit, a wheelbarrow and a shovel and began to spread the yard with the grit. The employee then stepped off the area that he had gritted and slipped on the ice and sustained an injury.

It was determined by the courts that the employee had been involved in moving a load and as such the accident fell within the definition of what was a “manual handling operation”. The Employer was held to be liable for the employee’s injuries.

Summary:

• Employers should avoid any employee’s being involved in any manual handling activities unless it can be justified as being reasonably necessary
• If manual handling operations are undertaken an employer should conduct a risk assessment and implement any working practice improvements
• Whenever manual handling operations are necessary an employer is under a duty to proper adequate training to employees