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Law Bulletin - August 2006

Wire obstruction

Here is a far simpler case showing the value of pleading both PUWER 98 and Workplace 92.

The claimant was pushing cages into the back of his HGV. Wires protruded from the side of the interior of the trailer. The cages caught on them and he jarred his back.

Held: there was a breach of 5(1) of WHSW Regs and 4 and 5(1) of the PUWE 98 Regs.

Andre Pearson -v- Acc Distributions, Nottingham CC, 18 July 2006.