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Back Injury

The Safety, Health and Welfare at Work Act 2005 repealed and replaced The Safety, Health and Welfare at Work Act 1989. Each act made provision for the making of regulations by the Minister. The regulations made under the 1989 act were continued in force as follows:

(4) Subject to subsection (3), in so far as any instrument (including any order or regulation) made or issued and any other thing done under an existing enactment set out in Part 1 of Schedule 2 is in force immediately before the repeal of such enactment by subsection (2) could have been made, issued or done under a corresponding provision of this Act, it shall not be invalidated by the repeals effected by subsection (2) but, except in so far as this Act otherwise provides, shall continue in force as if made, issued or done under this Act.

The duties of employers can be seen HERE.

The Minister did make specific provision by regulation for the duties of employers to avoid injury to employees in the lifting of weights and loads. The regulation reads as follows:

Every employer shall–

( a ) take appropriate organisational measures, or use the appropriate means, in particular mechanical equipment, to avoid the need for the manual handling of loads by his employees,

( b ) where the need for the manual handling of loads by his employees cannot be avoided, take appropriate organisational measures, use appropriate means or provide his employees with such means in order to reduce the risk involved in the manual handling of such loads, having regard to the factors specified in the Eighth Schedule,

( c ) wherever the need for manual handling of loads by his employees cannot be avoided, organise workstations in such a way as to make such handling as safe and healthy as possible, and–

(i) assess the health and safety conditions of the type of work involved, and in particular examine the characteristics of loads, having regard to the factors specified in the Eighth Schedule, and

(ii) take care to avoid or reduce the risk, particularly of back injury, to his employees, by taking appropriate measures, considering in particular the characteristics of the load, the physical effort required, the characteristics of the working environment and the requirements of the activity, taking account of the factors for the manual handling of loads specified in the Eighth Schedule, and

( d ) without prejudice to the provisions of Regulation 11, ensure that those of his employees who are involved in manual handling of loads receive general indications and, where possible, precise information on

(i) the weight of each load, and

(ii) the centre of gravity of the heaviest side when a package is eccentrically loaded.

For information on Personal Injury claims see HERE.