The recent Supreme Court decision of Thompson v Dublin Bus (2015) has clarified that employers’ duties in relation to the safety of work equipment provided to employees is not absolute.

FACTS

The plaintiff was a bus driver employed by Dublin Bus. On the day in question, in the course of driving the bus, the plaintiff traversed a number of ramps and at one of the ramps, the pneumatic suspension of the bus malfunctioned causing a loss of “cushion effect” thereby causing him neck and lower back injury.

CLAIM AND HIGH COURT DECISION

Under the Safety, Health and Welfare at Work (General Application) Regulations 1993, there were various duties on employers to ensure the safety of any equipment provided to employees. The High Court found that, despite the employer carrying out a proper system of inspection, maintenance and repair with “no blameworthiness”, the Regulations imposed “an absolute duty” in respect of the safety of equipment provided and so Dublin Bus had failed to discharge this duty.

SUPREME COURT DECISION

Dublin Bus appealed this decision to the Supreme Court. Upon analysing the Regulations (and the Directive they are based on), the Supreme Court found that in cases where it is not possible to fully eliminate risk related to equipment, the duty was to take appropriate measures to minimise any risk. In light of this, it was not possible to construe the relevant 1993 Regulation as imposing absolute liability on employers. The Supreme Court noted that it is difficult to anticipate what further steps could have been taken by Dublin Bus on the facts. In light of this, Dublin Bus’ appeal was successful.

CONCLUSION

The 1993 Regulations at play in this case have since been revoked and replaced by similar provisions (particularly Regulation 28) under the Safety, Health and Welfare at Work (General Application) Regulations 2007.

However, the decision is useful for employers in determining that statutory duties imposed on them in relation to the safety of work equipment are not absolute and only go so far. It also highlights the importance of regularly maintaining and ensuring a proper and frequent system of inspection, maintenance and repair of all company equipment provided to employees from company cars to workplace machinery.

(This briefing is correct as at 27 March 2015)

Full Case Decision:
http://www.bailii.org/ie/cases/IESC/2015/S22.html