Accidents caused by manual handling


Published by a UUÂãÁÄÖ±²¥ PI & Clinical Negligence expert
Practice notes

Accidents caused by manual handling


Published by a UUÂãÁÄÖ±²¥ PI & Clinical Negligence expert

Practice notes
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This Practice Note deals with the Manual Handling Operations Regulations 1992, SI 1992/2793. These Regulations set out employers’ duties relating to manual handling operations. Under the regulations an employer must avoid the need for employees to undertake any manual handling involving lifting, undertake a risk assessment, reduce unavoidable manual handling tasks to the lowest level, provide employees with information as to the weight of each load and assess employees on an individual basis.

Post 1 October 2013

On 1 October 2013, section 69 of the Enterprise and Regulatory Reform Act 2013 (ERRA 2013) came into force. For workplace accidents occurring from that date, civil liability no longer arises from a breach of statutory duty by the employer unless the relevant regulation provides for it. Broadly speaking, a claimant now has to establish foresight of harm and negligence. This applies to cases of injury caused by manual handling.

Accidents involving manual handling account for about one third of all work-related injuries.

Regulations

While it will no longer be appropriate to base a claim on the breach of a regulation,

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Jurisdiction(s):
United Kingdom
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Key definition:
Civil liability definition
What does Civil liability mean?

Legal obligations that arise from private wrongs or breaches of contract which are not acts that are prevented under legislation (criminal acts or public wrongs).

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