![PP Construction Safety logo and link to home page [1]](https://www.ppconstructionsafety.com/wp-content/themes/ppcs960/images/ppcslogo.jpg)
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
HSE ENFORCEMENT DATABASE LATEST UPDATE
View current online register of HSE prosecutions and enforcement notices
Read the rest of this article »
Posted on 21st August 2019FALL PRECAUTIONS FELL BETWEEN TWO FIRMS
Contractors fined after workers at risk of falling from roof
Read the rest of this article »
Posted on 9th August 2019SOLAR PANEL FIRM AWARE OF FRAGILE ROOF RISK
Workman suffered long-term injuries in 4m fall through rooflight
Read the rest of this article »
Posted on 9th August 2019HSE PROSECUTE FIRM OVER RISK NOT HARM
Multiple safety failings land construction company in court
Read the rest of this article »
Posted on 9th August 2019CLIENT AND CONTRACTOR FACED COURT TOGETHER
Firms breached joint duty to plan and carry our work at height safely
Read the rest of this article »
Posted on 6th August 2019£1M FINE OVER DEATH CAUSED BY EXCAVATOR
Vehicle driver found guilty at trial alongside CDM Principal Contractor
Read the rest of this article »
Posted on 6th August 2019CHILD DIED WHILST PLAYING ON POWERED GATE
Lack of end stop caused gate to fall on 6 year old boy
Read the rest of this article »
Posted on 6th 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 2019UK CLIENT FINED OVER UNSAFE OVERSEAS FIRM
Italian contractor found guilty despite failure to attend court
Read the rest of this article »
Posted on 6th August 2019COMPLETE FAILURE TO RECOGNISE HAVS RISK
Specialist drilling company and director sentenced over HAVS danger
Read the rest of this article »
Posted on 6th August 2019PC AND TWO OTHERS FAILED TO ASSESS WIND EFFECT
Fall of director from roof caused by ‘Storm Doris’ gust
Read the rest of this article »
Posted on 30th July 2019MAJOR FIRM FINED £400k OVER LIFTING OPERATION
Fitter loses four fingers as load slides and falls to the ground
Read the rest of this article »
Posted on 28th July 2019NEW HOMES LEFT IN DANGEROUS CONDITION
Fined for unsafe gas work causing fires at housing development
Read the rest of this article »
Posted on 28th July 2019FIRM FINED £1M OVER EXPLOSION DURING CLEANING
Tank cleaning operation caused burns as flammable vapours ignited
Read the rest of this article »
Posted on 25th July 2019YOUNG BRICKLAYER FELL THROUGH OPEN STAIRWAY
Firm fined over failure to install fall protection around opening
Read the rest of this article »
Posted on 25th July 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 2019FLAT ROOF FAILED UNDER WEIGHT OF WORKMAN
Confusion over fragility proves costly for worker and business
Read the rest of this article »
Posted on 23rd July 2019PROPERTY FIRM FINED OVER FATAL FALL FROM TREE
Untrained workers using chain saw engaged to fell large sycamore
Read the rest of this article »
Posted on 23rd July 2019LANDLORD PUT PUBLIC AT RISK FROM ASBESTOS
Powered jet washing of asbestos cement sheets caused spread
Read the rest of this article »
Posted on 23rd July 2019WORKMAN FELL FROM SUSPENDED ACCESS EQUIPMENT
Health Board and maintenance firm director prosecuted
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
Read the rest of this article »
Posted on 23rd July 2019FIRM FAILED TO COMPLY WITH SITE WELFARE NOTICE
Basic welfare requirements found wanting for second time
Read the rest of this article »
Posted on 23rd July 2019PRISON TERM OVER POORLY GUARDED CIRCULAR SAW
Workman lost three fingers using machine without guard and riving knife
Read the rest of this article »
Posted on 23rd July 2019COMPANY IGNORED HSE ON SILICA DUST ACTION
Worktop manufacturer failed to control dust and manage ventilation
Read the rest of this article »
Posted on 23rd July 2019ASBESTOS REMOVED WITHOUT SURVEY OR CONTROLS
Client fined over failure to commission refurb and demo survey
Posted on 15th July 2019
