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Lawyer warns recession-hit companies - scrimp on tools and you could face court

Published: 12th October 2009

A leading North West law firm is warning companies to ensure their employees use suitable equipment after a worker suffered serious head injuries in a fall caused by using the wrong tools.

Jeremy Bradshaw, head of personal injury at Mace & Jones, is concerned that recession-hit companies are saving money by cutting back on equipment, exposing their workers to risk by forcing them to share tools or use unsuitable ones.

It follows the case of a London company fined £8,000 when an employee was seriously injured whilst working with an inappropriate tool. A special type of wrench had to be used to remove a part from a machine but all the special wrenches were being used.

The employee asked his employers if he could wait for one of the wrenches to become free but was told by his manager to get on with it and use what he could. He used a 'handy' metal bar to try to levy off the retaining clip. The bar slipped, resulting in the employee falling forward and suffering serious head injuries.

"Clearly, the fact that a particular wrench was required for the task meant that it was a specialist job and the employer should not have instructed the employee to use inappropriate equipment," says Mr Bradshaw.

"Had the manager considered the matter, he would have realised the risk of injury by not using the correct tool."

Last year 180 workers were killed in accidents at work while more than 130,000 suffered injuries - commonly in industries such as agriculture, construction, waste and recycling.

Mr Bradshaw stresses that the employer's duty does not end by supplying the correct equipment. "They have an ongoing duty to ensure that employees know how to use it properly and, just as important, make sure employees are using the tool correctly.

"Employers are obliged under Regulation 4 of the Provision and Use and Work Equipment Regulations 1998 to ensure that all equipment is 'suitable for the purpose for which it is used or provided."

Anyone seeking personal injury advice should contact jeremy bradshaw or any member of the team in Liverpool: 0151 236 8989 Knutsford: 01565 634234.