Robb v. Salamis (M & I) Ltd [2005] ScotCS CSIH_28 (16 March 2005)

Robb v. Salamis (M & I) Ltd [2005] ScotCS CSIH_28 (16 March 2005)

The court held that the extended definition of 'at work' applied to the Work Equipment Regulations 1998, so the appellant was 'at work' while on the offshore installation. The ladder and its fittings constituted 'work equipment' under the Regulations. The employer failed to ensure the ladder was suitably constructed...

Source-derived case information.

Citation
[2005] ScotCS CSIH_28
Parties
Pursuer and Appellant: Robert Robb; Defenders and Respondents: Salamis (M & I) Limited
Jurisdiction
Scotland
Judgment Date
16 March 2005
Procedural Posture
Appeal From Sheriff Court (personal Injury) / Appeal Judgment
Outcome
Appeal allowed
Legal Topics
Interpretation of 'at Work' Under Health and Safety at Work Act 1974, Definition of 'work Equipment' Under Provision and Use of Work Equipment Regulations 1998, Employer's Statutory Duties Offshore, Application of EU Directives in UK Law, Foreseeability and Suitability of Work Equipment
Employment Law Health and Safety Law Personal Injury Interpretation of 'at Work' Under Health and Safety at Work Act 1974 Definition of 'work Equipment' Under Provision and Use of Work Equipment Regulations 1998 Employer's Statutory Duties Offshore Application of EU Directives in UK Law Foreseeability and Suitability of Work Equipment

Source-derived case record

Summary, issues, holding and outcome

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Parties

Robert Robb

Pursuer and Appellant

Salamis (M & I) Limited

Defenders and Respondents

Procedural Posture

Appeal From Sheriff Court (personal Injury) / Appeal Judgment

Legal Issues

  1. 1 Whether the appellant was 'at work' within the meaning of the Work Equipment Regulations 1998 while on an offshore installation during off-duty hours
  2. 2 Whether the ladder and its fittings constituted 'work equipment' under the Regulations
  3. 3 Whether the employer breached statutory duties under regulations 4, 5, and 20 of the Work Equipment Regulations 1998

Ratio Decidendi

The court held that the extended definition of 'at work' applied to the Work Equipment Regulations 1998, so the appellant was 'at work' while on the offshore installation. The ladder and its fittings constituted 'work equipment' under the Regulations. The employer failed to ensure the ladder was suitably constructed and stabilised, as it was reasonably foreseeable that improper replacement could cause injury. The employer was in breach of statutory duties under regulations 4 and 20.

Court Disposition

Appeal allowed

Orders

  • Sheriff's findings in fact and law numbers (2) and (3) deleted and replaced with findings that the appellant was 'at work' and the ladder was 'work equipment'.
  • Case remitted to the sheriff to proceed as accords.