Q&As

Does an employer owe a duty to assess the long term risks of training it requires an employee to undertake? Does the limitation period run from when a claimant became aware of developing arthritis in their wrists or when they were recently informed that their wrist has now fused preventing movement?

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Produced in partnership with Jamie Gamble of No5 Barristers Chambers
Published on LexisPSL on 09/07/2020

The following PI & Clinical Negligence Q&A produced in partnership with Jamie Gamble of No5 Barristers Chambers provides comprehensive and up to date legal information covering:

  • Does an employer owe a duty to assess the long term risks of training it requires an employee to undertake? Does the limitation period run from when a claimant became aware of developing arthritis in their wrists or when they were recently informed that their wrist has now fused preventing movement?

An employer has a duty to assess the risks (short or long-term) of training that it requires an employee to undertake. Generally, an employer has a duty to make a suitable and sufficient assessment of any risks an employee is exposed to while they are at work under the Management of Health and Safety at Work Regulations 1999, SI 1999/3242, reg 3. If that training involves undertaking manual handling, the employer will have duties under the Manual Handling Operations Regulations 1992, SI 1992/2793. If the training involves the use of equipment, then the Workplace (Health, Safety and Welfare) Regulations 1992, SI 1992/3004 and/or the Provision and Use of Work Equipment Regulations 1998 (PUWER 1998), SI 1998/2306 may apply, and so on.

Further, if the training is provided in order that the employer can comply with its statutory regulations (such as, for e

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