Rank: Super forum user 
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Don't know if this has been on here before as I have not been on for a while. Looks to begin with as another plod making money out of a mishap which if it happened to any other plod, would be seen as an occupational hazard rather than a chance to get some cash. But it raises interesting points in terms of what you have to consider in operational scenarios even if the injured party gets injured doing something other than the task which had been risk assessed.
http://www.bailii.org/ew...s/EWCA/Civ/2013/496.html
Regards
Martin
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Rank: Super forum user 
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Martin
I doubt this case will send any shock waves in industry. The law is an ass (C. Dickens 1867) and civil law especially. Whilst it is a sad indictment of the blame and claim culture which is now part of society, few cases so trivial actually get to court - thank God. The general principle is the risk must be reasonably foreseeable. I fail to see how this particular case falls within that principle.
Ray
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Rank: Super forum user 
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This is a case where the focus of the RA was not the Whole task but an element within it. A very common situation from my experience. Look at the whole task - to dismantle a cannabis factory that includes metal ducting sections and probably a number of other hazards. For me the use of latex gloves in such a location was clearly inadequate. The assessor merely concentrated on the skin contact with the plants. It is also obvious that steps would likely be taken in a hot humid environment to ventilate by opening windows. Even at a basic level this was a gardening task so why not use gardening gloves?
This rather suggests an assessor unfamiliar with the actual task or the use of a generic assessment that was not matched to the actual work environment ie made task specific.
Next time we assess use of ladders etc as individual risks we do well to assess what context within which the risk occurrs
Bob
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Rank: Super forum user 
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The injury occurred while the officer was attempting to open a window that was jammed shut.
Was this part of the task to remove the plants and was it reasonable foreseeable? I think not.
IMO the officer was negligent in trying to open the window by hitting the glass with her hand. Not a recommended method. Whatever glove was worn at the time could well have been cut through by the broken sharp edge of the glass? What PPE is recommended for working close to broken glass? Is this type of PPE suitable for use pulling up plants?
However that's why I do what I do and do not sit on the bench making decisions like this one.
Final point, and looking at Bob's final point are we to ask permission to open a window in the workplace and if so do we formally carry out a risk assessment for doing so?
Just imagine if the officer had asked permission to do that and also for a risk assessment - ridicule would occur methinks!
Elf'n safety getting a bad name again ............................
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Rank: Super forum user
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So -how peripheral does a possible action have to be to be required to be considered? When this particular task was risk assessed, how many of you could have foreseen that the person undertaking the task in question would have tried to open a window and that the window would have been difficult to open, and who would have been able to predict that her her actions would have resulted in cut skin? When the person undertaking the task carries out actions which go off risk assessment, how is it the responsibility of the risk assessor? I am reminded of the Costain case where the person who died knew the safety protocols, ignored them and died, and that was seen as a failing in the safety system by the HSE. Result? Prosecution thrown out by the court and HSE heavily criticised for bringing the case.
Do you have to foresee every possible eventuality? How can anyone do that?
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Rank: Super forum user 
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The incident says more about Management /worker relationships than anything to do with H&S.
This police force seems to be waging an internal war using the courts.
If a similar incident happened where I work, I can't imagine it would escalate to this
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