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Prowse1  
#1 Posted : 27 July 2022 15:13:03(UTC)
Rank: New forum user
Prowse1

An engineer conducting PPM on an AC unit received an electric shock and fell off their ladder, also sustaining head injuries.

Who is the liable party for their injury? Is it a combination of several ie the IP for not isolating the unit, Employer for not ensuring SSoW, Installer for incorrect install of unit?

Kate  
#2 Posted : 27 July 2022 15:42:19(UTC)
Rank: Super forum user
Kate

Well that all depends on why it happened, doesn't it?

thanks 3 users thanked Kate for this useful post.
marcw330@googlemail.com on 27/07/2022(UTC), Roundtuit on 27/07/2022(UTC), peter gotch on 28/07/2022(UTC)
Roundtuit  
#3 Posted : 27 July 2022 18:18:23(UTC)
Rank: Super forum user
Roundtuit

The employer - see other thread in the forum

Roundtuit  
#4 Posted : 27 July 2022 18:18:23(UTC)
Rank: Super forum user
Roundtuit

The employer - see other thread in the forum

stevedm  
#5 Posted : 28 July 2022 14:21:55(UTC)
Rank: Super forum user
stevedm

as kate says it depends and if the person was supposed to do something which was fundamental to the protection scheme the company had in place...all it will do is reduce the amount of the payout not dismiss it...there are so many variables to give a straight answer without the facts..

peter gotch  
#6 Posted : 28 July 2022 15:17:17(UTC)
Rank: Super forum user
peter gotch

Prowse

If you were doing a root cause analysis of this incident, it would likely follow two key lines of causation:

1. Why the engineer got a shock?

2. Why they fell?

Of these lines No 1 would include finding out whether the shock was due to opening up the AC unit without isolation (prohibited except under very limited circumstances) or shock from the outside of the unit (which is very unlikely unless there is more than one fault inside).

No 2 would include asking about why something inherently safer than a ladder was not in place and why. So, you need to know what the task involves and how long it should take (amongst other variables).

Which lines of investigation would put lots of duty holders potentially in the frame....

Client

Designer of the equipment

Installer ditto

Employer of the engineer 

Engineer themselves

+ and possibly others (including various people employed by duty holders above).

I would be asking to see the paperwork that should come with the AC unit as just one part of an investigation.

antbruce001  
#7 Posted : 01 August 2022 10:10:51(UTC)
Rank: Forum user
antbruce001

First question is do you mean civil or criminal liability? The above answers appear to all be based on criminal law, so lets start there.

Multiple 'persons' could be in breach of different legal requirements. Only the investigation will determine if a potential breach has occurred.

Considering just the HSWA requirments;

The IP's employer is potentially in breach of Section 2, in failling to ensure SFRP the Health, Safety and Welfare of their employee.

If the engineer is a contractor (althuogh your discription doesn't sugest this) then the 'client' is potentially in breach of Section 3, in failing to protect SFPR the  health and safety of others (lack of contractor control)

The IP could be breach of Section 7, failure to protect themselves (by not following SSoW etc.)

Other People (supervisors, whoever should have made the isolation, etc.) may be in breach of Section 7, failure to protect others by their acts or ommisions.

From a civil liability point of view (compo!), you have the potential for third party liability and the sharing of liability across all the above 'persons' above - however the employer would carry the liabiity for the failures from the 'other people' category above.

So what seems like a straight forward question is incrediably difficult to answer without a full understanding of all the facts.

Edited by user 01 August 2022 11:22:07(UTC)  | Reason: Amended after re-reading the original question to better focus response.

MrBrightside  
#8 Posted : 02 August 2022 10:54:08(UTC)
Rank: Forum user
MrBrightside

Worth a read:

https://www.shponline.co.uk/in-court/bm-fined-after-electrician-sustains-serious-burns-in-warehouse-explosion/

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