The following PI & Clinical Negligence guidance note Produced in partnership with Tom Pacey of 12KBW provides comprehensive and up to date legal information covering:
There are a range of statutory regulations which are applicable in this area. However, on 1 October 2013, s 69 of the Enterprise and Regulatory Reform Act 2013 rewrote s 47 of the Health and Safety at Work etc Act 1974 (HSWA 1974). In relation to accidents occurring at work from 1 October 2013, civil liability will no longer arise from a breach of statutory duty unless the relevant regulation provides for it. For further guidance, see Practice Note: Section 69 of the Enterprise and Regulatory Reform Act 2013.
These require an employer to make a risk assessment to identify any health and safety issues and to consider any appropriate steps to reduce or eliminate them (reg 3). Regulations 4 and 5 provide for the planning and control of preventative measures. These two regulations would extend to identifying the risks posed by repetitive tasks and putting in place appropriate systems to deal with them. There is further a requirement at reg 6 to maintain health surveillance where appropriate. This is crucial where an employee has reported classic symptoms such as arm pain or tingling sensations to the employer.
Regulation 7 provides for the appointment of at least one competent person to assist an employee in carrying out their duties. Supervision
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