We have posted previously of a case where a worker was injured in her duties due to the employers failure to provide a safe way of carrying out the work , however in a recent High Court decision (Smith v Health Service Executive [2013] 7 JIC 2602) we see a very clear indication to employers that they can be held liable for standing by and failing to intervene while employees engage in dangerous practices in the workplace.
In this case the employee was awarded over €80,000 as a result of the injuries suffered.
The employee in this case was employed by the Employer as a cleaner at a rehabilitation institution for boys. While cleaning a shower area one day, the employee was required to prop the area’s door open with a broom handle as the door's hinges were broken. Whilst cleaning, she backed into the door and tripped over the broom handle, causing her to suffer a serious spinal injury. She brought proceedings alleging negligence on behalf of her employer in allowing/condoning a dangerous practice of propping doors open with broom handles, which caused her injury.
The Employers argument was that it was dangerous practice and it not aware of the practice of its employees holding doors open with broom handles and if it had been aware of it, it would have taken steps to prevent it. The High Court found that the employer had been aware of the practice or at least ought to have been aware of it, and so the employee was successful with her claim but the court did find that the employee contributed 25% to the accident.
Employer Advice
The key element that employers can take from this determination is that where employees engage in certain dangerous practices in the workplace (in this case, propping doors open with broom handles when cleaning), and the employer is aware of this practice, by doing nothing and allowing it to continue the employer condoning the practice, which would constitutes a breach under section 8(1) of the Safety, Health and Welfare at Work Act 2005
The Case also looks at counter claims by employers and the dangers these pose. the full text determination is available here.
