There are considerable numbers of accidents at work involving unsuitable or even defective equipment.

Employers need to ensure that equipment meant for use at work is suitable, safe, and is used solely by individuals who have been given adequate instruction as well as training.

The employer’s duty to provide training is compulsory.

The Provision and Use of Work Equipment Regulations 1998 or PUWER imposes strict liability although not an absolute liability on organisations to provide training. This means that non-compliance cannot be excused by the argument that it is not reasonably practicable. What appears” adequate” training depends upon what the employer should to have known about the risks and not what the employer did know. In other words there should be evidence of risk assessments and if none exist, then an employer may be found liable for any injury that results

Generally speaking any equipment being used at work must be

• Suitable for the intended use
• Safe for use, maintained in a safe condition and, in certain circumstances, inspected to make sure this remains the case
• Used only by individuals who have received adequate information, instruction and training; and
• accompanied by suitable safety measures, egg protective devices, markings, warnings.

What are we talking about when we talk about equipment?

Any "tools of the trade" will be covered and considered equipment. These can range from hammers and knives to dumper trucks and motor vehicles, from circular saws to photocopiers and even the chair that you sit on. Even if you provide some of your own equipment, your employer needs to ensure that it is safe and you know how to use it.

Recently an employee tried to argue that a ramp at a householder’s home that crumbled away as it was negotiated was part of the duty of her employer the local council and was work equipment within the regulations. It was found not to be the case as the employer had no control over the "equipment" in this case the ramp. That case went all the way to the House Of Lords, demonstrating that some cases can be fiercely fought, but in very many cases, the facts are quite clear, if you have been injured by faulty equipment provided by your employer or you have not been trained to use it and that lack of training leads to an injury, then your employer will be responsible.

So what sorts of accidents happen?

• Inadequate guarding of machinery leading to accidents caused by being pulled into the machinery, or being cut crushed or trapped
• Provision of the wrong equipment for the job, e.g. providing ladders instead of access towers or scaffolding, causing falls from heights.
• Failing to ensure that machinery starts and stops properly creating a situation where a machine might start suddenly or fail to stop causing injury to the person using it. In one case, a cleaner who had been left working on their own in the evening, was pulled into the roller part of a machine by his shirt sleeve. This part of the machine was unguarded, there was no stop button on the machine and he received serious injury to his arm.

  These are just a few examples but if you have been injured by faulty equipment or by equipment that you have not been trained to use, you may have a claim for compensation and should seek professional advice.