||All England Reporter
|| All ER (D) 428 (Jul)
|| EWCA Civ 1119
||Court of Appeal, Civil Division
Pill, Smith and Neuberger LJJ
||Theodore Huckle (instructed by Cooks) for the claimant.
||Patrick Vincent (instructed by Berrymans Lace Mawer, Birmingham) for the defendants.
||28 July 2006
Health and safety at work - Employer's duties - Duty to employees - Statutory duty to ensure work equipment in safe state - Employee's workplace on second floor of building - Access via lift in common parts of building - Employee being injured by defective lift while leaving at close of working day - Whether lift constituting work equipment - Whether lift being used at work - Whether employer in breach of statutory duty - Provision and Use of Work Equipment Regulations 1998, regs 2(1), 3(2) and 5(1).
An employer was in breach of its obligations under reg5(1) of the Provision and Use of Work Equipment Regulations 1998, where its employee had been injured by a defective lift whilst she had been leaving work at the end of the day, even though the lift had been in the common parts of the building. The employee had been using the lift 'at work' within the meaning of reg3(2) of the regulations.
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