What is the background
to the Seminar?
The Health & Safety Executive
has issued revised guidance on upper limb disorders in the workplace and set
challenging targets for reducing the incidence and number of working days lost
due to musculo-skeletal disorders. Moreover, a number of health and safety
regulations including the Management of Health and Safety at Work Regulations,
the Health and Safety (Display Screen Equipment) Regulations and the Manual
Handling Operations Regulations and their associated guidance documents have
been or are being revised, in some cases radically.
While personal injury claims for upper limb disorders allegedly
arising from work are not receiving as much publicity as they did several years
ago, it is clear that many such claims are still being pursued. The changes
in legislation and guidance appear likely to increase the potential for such
claims. Indeed, the consultative proposals to amend the Management of Health
and Safety at Work Regulations acknowledged that "the act of removing
the civil liability exemption is likely to highlight the potential for claims".
A recently published study, funded by the HSE, into how the
Courts have interpreted health & safety regulations and HSE guidance in
personal injury claims for work related upper limb disorders, which was based
upon an analysis of the transcripts of over 100 Judgments, suggests the Courts
frequently considered issues which HSE guidance had rarely addressed explicitly
and that a lay person reading HSE guidance might not appreciate some of the
issues which Courts consider important with respect to an employer's duty of
care in personal injury claims for work related upper limb disorders.
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