Posted By Steven R Boulter What is the legal position if we informed an employee not to do a job as it is a two-man job and they went and did it anyway and consequently injured himself. My initial thoughts are: As the employer has a duty to provide information, instruction, training and supervision it can be difficult for the employer to diminish their responsibility for an accident. However, certainly not impossible, if you can show that everything so far as is reasonable practicable had been done to prevent the injury. You thoughts are as always appreciated Steve

Posted By Nick Patience Although the facts are different the initial question posted is answered in this HSE prosecution. Link to press release http://www.hse.gov.uk/press/2003/e03113.htm In this case the site foreman was supervising an activity that others were contracted to do. His boss instructed him not to do it. He carried on supervising/allowing the activity to continue. The work was not done safely and consequently a worker was injured. The HSE investigated and prosecuted the foreman NOT the company as the company could show that they had instructed him not to carry out the work (or to arrange for the work to be carried out). Hope this helps

Posted By Raymond Rapp Steven First, the employee did not follow instructions and therefore it is potentially a company disciplinary matter. An employee can be prosecuted under HSWA, s7 spring to mind, but unlikely. If the injured employee makes a civil claim, then contributory negligence will probably be deducted from any award. Ray

Posted By Vrick Steven My first question-What was it that the guy do? Did the employer had an ABSOLUTE duty to protect the guy ? i.e was is qualified by the word "shall" Remember, in the case of dangerous machinery, the employer has a absolute duty to protect even the reckless employee. To sum up, it all depends on which section of the act, or paragraph of regulations, the enforcing autority lodges its information in a court of law. In a civil claim, it will be different, whereby as rightly pointed out by somebody, Vicarious liability, but the judge / magistrate will also take into consideration the contributory negligence. Nice topic of discussion Cheers Vrick

Posted By Bob Thompson CMIOSH udin V Portland cement. Regards Bob

Posted By Steven R Boulter Thanks for all the responses, the particular issue I am dealing with is an employee collected a bed (which we have hired out) knowing it was a two man job. He agreed to go as someone at the house agreed to help him .i.e. a non employee with no training on how to handled beds! However, at the time of the accident there were no recorded procedures for this and a lack of management control. (Happy to say this has been rectified since I’ve arrived). I believe contributory negligence is a possiable argument. However, at the tme of the accident it is difficult for us to demonstrate we did everything so far as is reasonable practicable to prevent the injury (no recorded procedures, training out of date and no RA.) . Therefore we should accept liability. steve