Employers, site managers, and those responsible for machinery or workplace equipment have a legal duty under the Health and Safety at Work Act 1974 to keep employees, contractors, agency workers, visitors and others affected by their work activities safe. This includes carrying out regular risk assessments, providing safe and suitable machinery, ensuring equipment is properly guarded and well maintained, and making sure workers receive adequate training, instruction and supervision.
Alongside the Health and Safety at Work Act, additional legislation puts further emphasis on the employer’s duty of care when it comes to machinery and equipment accidents. This includes the Provision and Use of Work Equipment Regulations 1998 (PUWER), a set of UK health and safety laws that places duties on employers and others in control of work equipment and Regulation 11, which requires effective measures to prevent access to dangerous parts of machinery.
This duty of care extends beyond full-time employees to include part-time staff, temporary workers, agency workers, self-employed contractors and lawful visitors to the site. Where an employer or other responsible party fails to meet these legal obligations, and someone is injured as a result in a machinery entanglement or equipment accident, that may amount to negligence and form the basis of a no-win, no-fee compensation claim.