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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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      03.02.04