Posted By david tompsett Advice please We had in our employ from 1985 to 1992 a mechanical fitter. I have just received from our HR department a claim from the solicitor of the past employee (now 76) claiming damages for hand/arm vibration syndrome. Can anyone tell me what my duty of care (liability) is regarding the claim, considering his employment pre dates the Control of Vibration at Work Regs 2005 and the 6 pack?

Posted By David Bannister David, if during his employment with you he became harmed as a result of that work, then regardless of the Vibration Regs or 6 pack it is possible your duty of care to your employee has been breached and you will have some liability. Previous advice about passing this on to your legal advisers is good or alternatively to the insurers who provided Employers Liability cover for those years. The insurers during the years the alleged harm was caused will deal with the claim. You will be asked to provide as much information about the claimant's employment as possible, including any specific tasks in which he was involved, any training he received, any info on the tools used: just the kind of stuff that goes missing some 20 years after the event! Good luck with any defence.