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England and Wales Court of Appeal (Civil Division) Decisions
You are here: BAILII >> Databases >> England and Wales Court of Appeal (Civil Division) Decisions >> Koonjul v Thameslink Healthcare Services  EWCA Civ 3020 (28 March 2000)
Cite as:  EWCA Civ 3020
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IN THE COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM THE MAYOR'S AND CITY OF LONDON COUNTY COURT
(District Judge Lipton)
B e f o r e :
SIR CHRISTOPHER STAUGHTON
|THAMESLINK HEALTHCARE SERVICES|
Smith Bernal Reporting Limited, 180 Fleet Street,
London EC4A 2HD
Tel: 0171 421 4040
Official Shorthand Writers to the Court)
MR A SHARP (Instructed by Hextall Erskine, 28 Leman Street, London E1) appeared on behalf of the Respondent
Crown Copyright ©
". . . any transporting or supporting of a load (including the lifting, putting down, pushing, pulling, carrying or moving thereof) by hand or by bodily force."
"Each employer shall
(a)so far as is reasonably practicable, avoid the need for his employees to undertake any manual handling operations at work which involve a risk of their being injured; or
(b)where it is not reasonably practicable to avoid the need for his employees to undertake any manual handling operations at work which involve a risk of their being injured -
(i) make a suitable and sufficient assessment of all such manual handling operations to be undertaken by them, having regard to the factors which are specified in column 1 of Schedule 1 to these Regulations and considering the questions which are specified in the corresponding entry in column 2 of that Schedule,
(ii)take appropriate steps to reduce the risk of injury to those employees arising out of their undertaking any such manual handling operations to the lowest level reasonably practicable, and
iii)take appropriate steps to provide any of those employees who are undertaking any such manual handling operations with general indications and, where it is reasonably practicable to do so, precise information on
(aa) the weight of each load, and
(bb)the heaviest side of any load whose centre of gravity is not positioned centrally."
"There is in the Manual Handling Regulations an assessment checklist, because obviously every employer has to see whether the task is dangerous or not - capable of causing an injury. That itself begs the question, the phrase, that if you take the normal task and assume it is carried out in the normal manner, would the task of making a bed cause an injury? Dr Graham just smiled at that and said: 'Question 1: does the operation involve a significant risk of injury?' 'No', came back the answer. Mr Taylor really did not disagree with that. He was not asked the question in those terms, and if the answer is 'No', then you do not have to do anything more under the regulations; that is it. If someone carries it out wrongly - we will come on to a safe system of work - or in an unexpected manner, then the employer says, 'This is something I could not foresee, so the regulations do not apply if it is risk that I do not think is likely to happen.' A significant risk of injury".
". . . the Manual Handling Regulations seem to me as far from this case as I could possibly envisage, making a bed."
"It must be agreed, I think, that one object of these regulations is to save foot passengers from injury, and since foot passengers are not prohibited from using a 'pedestrian crossing place' controlled by lights even when a green light is being shown to on-coming traffic, though it is sometimes negligent and often perilous for them to do so, it does not seem to me to be surprising that the Minister should think that the lives and limbs even of persons who may have been careless should to some extent be protected."
". . . a full assessment of every manual handling operation could be a major undertaking and might involve wasted effort."