WRULD Claims heard in England, Scotland and Wales

References to and/or interpretations of HSE Guidance Documents - Simpson - v - Dunham Bush Ltd

Essentials of Health and Safety at Work 1994
Simpson - v - Dunham Bush Ltd | Find Other Cases

Quoting from the report of the Claimant's Ergonomics Expert, HH Judge Lauriston says:

In his report Mr Coleman went on at page 41 to refer to a document of Essentials of Health and Safety at Work, which was compiled by the Health and Safety Executive. It has been revised from time to time. He says that the Health and Safety Executive has revised this document several times but has consistently replaced the phrase 'RSI', repetition strain injuries, with 'upper limb disorders'.

He goes on as follows: "Clearly the HSE were using the term RSI as a generic descriptor and it should not be read as supporting (or refuting) the controversy over unspecified diffuse conditions. The relevance of the HSE's advice to keyboard operation was explicit. Then he quotes from the document. He says: "Many employees - including assemblers, supermarket checkout assistants and keyboard operators - are affected by 'repetitive strain injuries' at some point in their working lives. The term covers a number of conditions (including ... carpal tunnel syndrome ... )"

At the top of page 42 he goes on again still quoting from the Health and Safety Executive: "Injury can be prevented by improved design of working areas (position of keyboard and VDU screens, heights of work benches and chairs, light), adjustments of workloads and" - I underline this - "rest periods, provision of special tools, and better training and supervision."

In the middle of the page he says: "...the HSE provides an indication of what it considers to be prudent behaviour in that: 'Where problems of ULDs are known or thought to exist working arrangements should be examined with a view to eliminating or controlling risk factors. Where employees have developed ULDs there is a particular need to assess and control possible work-related factor's."

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Last updated: 14/05/2013