If your work requires that you use industrial equipment to perform your work duties, your employer is legally required under the Safety, Health and Welfare at Work Act 2005, to ensure that the equipment provided to you is safe and properly maintained.
If the industrial equipment in your workplace is unsafe or inherently dangerous then there is an obligation to train all employees of the risk of improper usage. Maintenance schedules will be particularly important where mechanical failures could have disastrous results. Where these types of risks are ignored, accidents are foreseeable and therefore avoidable. There is a high likelihood that an employer will be found to be negligent where an industrial accident has occurred and it’s revealed that corners were deliberately cut in training or maintenance.
The legal principle behind holding employers accountable in these situations is based upon the idea that avoidable accidents should be avoided insofar as possible. This doesn’t require an employer to be perfect in every respect, but they must take all reasonable steps to ensure their employees aren’t exposed to unnecessary risk. Where appropriate it’s best to advise your employer of the issue with your equipment as soon as it becomes apparent.
While there is a burden on you to make equipment problems known, ultimately the responsibility rests with your employer to provide you with a safe place of work and a safe system of work. In many cases, the employee may have little say over the condition of the equipment in the workplace and/or may be primarily concerned with getting the job done. The service intervals may be extended to save cost and the training of employees may be put on hold due to economic considerations. In these circumstances the likelihood of an injury happening to an employee is greater.
Industrial machinery or equipment may also be dangerous due to design flaws or manufacturing defects. In such cases it may become apparent upon investigation that the manufacturer of the product in question has failed to ensure its safety. Expert opinion of engineers will be sought to see if this is the case. Where it can be shown, the manufacturer of the defective product may have a legal brought against them.
Accident at Work Solicitors in Dublin, Ireland
If you find yourself injured due to defective equipment through no fault of your own, legal advice is available. In severe cases, your ability to work may be reduced or you may even be disabled. Your ability to provide for your family may be reduced significantly. Your future life plans may be affected also.