COURT OF APPEAL ON PERSONAL PROTECTIVE EQUIPMENT
Effectiveness at preventing or controlling risk is central to glove suitability
The Court of Appeal (Civil) has recently considered the application of the Personal Protective Equipment Regulations 1992 in the case of Threlfall v Hull City Council.
Background
On 8 May 2006, Mr Threlfall was working as a Council street cleaner clearing rubbish and debris from the garden of a council property. Whilst handling a black plastic bag of rubbish he sustained a serious cut to his left hand.
He was wearing gloves, which were described by the manufacturer as being of a simple design for minimal risks only. He alleged that the gloves were not suitable. His claim failed at the first hearing as did his first appeal.
Decision by Court of Appeal
Mr Threlfall’s appeal to the Court of Appeal was successful.
The court held that although he could not show exactly how the accident had occurred, it was sufficient for him to show that his hand had been cut whilst he was doing his job and wearing the gloves provided.
Regulations 4 and 6 of the Personal Protective Equipment (PPE) Regulations 1992 should be considered together.
Regulation 4 sets out the requirement to provide PPE and includes guidance as to what will be considered suitable. At the heart of suitability is effectiveness at preventing or adequately controlling the risk of injury.
Regulation 6 requires the employer to carry out a risk assessment to determine whether the proposed PPE is suitable.
The risk assessment carried out by the Council was manifestly defective and should have specifically dealt with the risk of laceration and the type of protective gloves required in the light of that risk. The standard issue gloves were plainly not effective to prevent or adequately control the risk of laceration as it should have been assessed.
Comment
The duty to provide suitable PPE when a risk cannot be controlled is absolute. (Lane Group Plc v Farmilloe [2003])
Whilst the Court of Appeal accepted that, if the Council had provided suitable gloves, the lack of a risk assessment would have been irrelevant, a sensible risk assessment will usually be the starting point.
Latest Construction Health and Safety News
CONSTRUCTION SAFETY NEWS – END OF NEW CONTENT
The addition of content on this website ceased on 17th April 2020.
Material posted before this date can be found by clicking on our SEARCH NEWS DATABASE function.
CDM REGULATIONS 2015: GUIDES AND TEMPLATES
Summary of our advice and tools to aid CDM 2015 compliance
Read the rest of this article »
Posted on 21st April 2020HSE WARN OF NEED FOR RPE FACE FIT TEST AND CHECK
Incorrectly fitted RPE will not protect the wearer from dangers to health
Read the rest of this article »
Posted on 16th April 2020CORONA VIRUS: LATEST SITE OPERATING PROCEDURES
Industry Bodies publish risk management guidance Version 3
Read the rest of this article »
Posted on 15th April 2020TOWER CRANE OUT OF SERVICE SAFETY ALERT
Important advice from Construction Plant-hire Association and HSE
Read the rest of this article »
Posted on 30th March 2020HSE PLAN AND CONSTRUCTION PRIORITIES 2020/21
Appointed CDM 2015 Principal Designers remain focus of HSE inspections
Read the rest of this article »
Posted on 30th March 2020COVID-19 ADVICE & GUIDANCE FOR CONSTRUCTION
BuildUK support industry with advice, guidance and information
Read the rest of this article »
Posted on 30th March 2020HSE TARGETING WELDING FUME CANCER RISK
Inspections to enforce improved controls required by new risk evidence
Read the rest of this article »
Posted on 24th February 2020HSE TO OVERSEE NEW BUILDING SAFETY REGIME
Government to deliver biggest change in building safety for a generation
Read the rest of this article »
Posted on 21st January 2020FESTIVE GREETINGS TO ALL OUR READERS
Read the rest of this article »
SELECTED NEWS POSTED RECENTLY ON TWITTER
![PP Construction Safety logo and link to home page [1]](https://www.ppconstructionsafety.com/wp-content/themes/ppcs960/images/ppcslogo.jpg)
Links to other construction health and safety related news reports
HSE LOOK TO LOCAL AUTHORITIES FOR CDM SUPPORT
Council Inspectors focus on CDM client duties – asbestos, fragility and RCS
Read the rest of this article »
Posted on 14th November 2019HSE WELDING FUME REVISED GUIDANCE PUBLISHED
New research evidence on cancer link prompts revision on welding fume
Read the rest of this article »
Posted on 14th November 2019STRUCTURAL SAFETY BODY LATEST NEWSLETTER
CROSS publishes reports and expert comment on a range of issues
Read the rest of this article »
Posted on 18th October 2019HSE RISK REDUCTION THROUGH DESIGN AWARD
Regulator seeks to promote hazard avoidance and risk minimisation
Read the rest of this article »
Posted on 18th October 2019HSE START PROJECT HEALTH RISK INTERVENTIONS
Regulator set to check health risks assessed and controls in place
Read the rest of this article »
Posted on 30th September 2019AIF NATIONAL WORKING AT HEIGHT CONFERENCE
HSE Construction Head to speak at Access Industry Forum conference
Read the rest of this article »
Posted on 23rd September 2019NEW HSE HAVS CALCULATOR TO HELP CONTROL RISK
New calculator includes “cautious estimates” for common tools
Read the rest of this article »
Posted on 23rd September 2019IMPROVING CDM DESIGNER HAZARD AWARENESS
Research explores power of “multi-media digital tool” for design hazards
Read the rest of this article »
Posted on 27th August 2019DEMOLITION FEDERATION ON RECENT INCIDENTS
NFDC ‘statement of awareness’ follows unplanned collapses
Read the rest of this article »
Posted on 27th August 2019RAISING COMPETENCE AND MAKING BUILDINGS SAFER
Life-safety-critical disciplines urged to act on Interim Report
Read the rest of this article »
Posted on 27th August 2019BUILDING WORKS COMPROMISED GAS SAFETY
Company and director fined after work created risk to residents
Read the rest of this article »
Posted on 27th August 2019HSE SPEAK AT ACCESS INDUSTRY CONFERENCE 2019
AIF National Working at Height Conference November 2019
Read the rest of this article »
Posted on 6th August 2019STRUCTURAL SAFETY BODY LATEST NEWSLETTER
CROSS publishes reports and expert comment on a range of issues
Read the rest of this article »
Posted on 23rd July 2019CONSIDERING TEMP WORKS IN PERMANENT DESIGN
Useful overview for civil and structural engineers on contemporary practice
Posted on 23rd July 2019
