Accidents at work due to defective machinery can be very serious. Machinery has to adhere to a certain standard so that it is safe to use. It must also have regular checks and tests by your employer to ensure that it does not cause any accidents.
Machinery carries certain risks of being defective. The main things that can be defective and therefore at risk can include, machine guards, stop controls, electrical equipment, ladders, steps and scaffolding, hand and power tools, missing covers, and safety ropes and harnesses.
The main industries where defective machinery accidents are likely to happen include: plants, processing and assembly lines, and factories. This affects these industries more as they involve a lot of machinery work.
Your Employer’s Responsibility
Your employer has to ensure that machinery is safe to use. There are regulations in place to ensure that your employer keeps the machinery safe, and keeps the staff safe.
Your employer is responsible for making sure that dangerous machinery is in good working order and must adhere to the Provision and Use of Work Equipment Regulations 1998 (PUWER). This means that they must make sure the machinery is safe to use.
Your employer must also make sure only employees who have had the correct training can use the machinery, the machinery is safe for use and has regular inspections, and has the correct safety measures equipped (including warning and start stop buttons). They must also make sure that the employees use the correct machinery for the correct task.
Your employer must also make sure that equipment they do not directly supply is safe to use and is working correctly if it is in a workplace that they are responsible for.
You may also be able to claim compensation if your employer has failed to provide you with the correct training, or inadequate training to use the machinery. Everyone who uses dangerous machinery must have thorough training to ensure that they are safe whilst doing so.
We understand that you may feel uneasy about claiming against your employer, but they will be covered. All employers are required to have employer’s liability insurance, which is designed to cover costs such as accidents at work. So it does not leave your employer directly out of pocket.
Portable appliance testing (PAT) is a safety precaution that ensures the electrical appliances used by places of work are safe for staff to use and will not cause injuries to employees. The legislation was put into place to ensure companies adhere to the Health and Safety at Work Act (1974).
PAT testing law requires all equipment to be protected and regularly maintained, and, ultimately, safe to use. Equipment must be PAT tested regularly, to make sure employees who use the equipment are kept safe.
There are EU regulations when it comes to using dangerous machinery in the workplace. Under the Supply of Machinery (Safety) Regulations 2008 and 2011, all new machinery that is purchased and used in a workplace should:
- Have a CE mark- this makes sure that the machinery complies with the relevant EU regulations.
- Have a declaration of conformity- which is the manufacturer confirming that it meets the relevant EU regulations.
- Include English instructions.
If your employer has not ensured that the machinery meets these regulations, and you have had an accident due to the machinery not working, then you may be able to claim compensation.
If you are an agency worker, you have just as much right to claim compensation as permanent staff. Your employer has a duty of care to every employee, whether that be full time, part time, permanent or temporary. This includes agency workers. Agency workers must also go through the same amount of training as a permanent staff member, to ensure that they can safely use the machinery.
How We Can Help
Here at The Compensation Experts, we work with solicitors who deal with accidents at work every day. This includes accidents involving dangerous or defective machinery. They are extremely well placed to help you get the compensation you may be entitled to. Contact us today either using our online form or by calling us on 01614138765 to speak to one of our friendly knowledgeable advisors.