Employer in breach of PUWER

The House of Lords ruled that the aim of the Provision & Use of Work Equipment Regulations 1998 is to ensure that work equipment, which is made available to employees, may be used by them without impairment to their health or safety. This is an absolute and continuing duty. The obligation on the employer is to anticipate situations which may give rise to accidents. They are not permitted to wait for them to happen. The Regulations provide that an assessment of the risk should be carried out before work equipment is used or provided. An employer must anticipate not only the actions of the skilled and vigilant man, but also someone who is careless.