Cherry Picker Accident Claim *
Cherry Pickers are mainly used in the construction industry and are used to allow people to work at a height. Scissor lifts are also used for this purpose. These machines are commonly known within the industry as Mobile Elevating Work Platforms (MEWPs). Many accidents happen while the person operating the machine is elevated hence why falling from a height * is one of the most common cherry picker accidents *. It is not just employees that can be involved in these accidents * but also members of the public who may sustain an injury while passing by.
All employers have a duty of care to ensure the health and safety of employees while at work. A breach of this responsibility could result in workplace accidents and injuries *. Employers may be found liable if it is found that there was a breach of their duty of care. It is important that all health and safety regulations are followed by both employers and employees so that the chances of injuries are reduced. Under the Safety, Health and Welfare at Work Act, 2005 employers have certain duties which allow for the safety of all employees and visitors to the workplace. These duties include;
- Manage activities in a way which prioritises health and safety
- Provide employees with adequate training and personal protective equipment
- Put safety measures in place to help prevent accidents
- Ensure that the working environment is practical that the work that is to be carried out
Employees also have a duty of care to both themselves and their co-workers to ensure that they do not act in a negligent manner which may lead to injury. If it is found that they were acting in a negligent manner they may be found liable.
Safety, Health and Welfare at Work (Work at Height) Regulations 2006
These regulations are in place to ensure the safety of those who are required to work at a height. These regulations state that working at a height should be avoided if possible. If it is necessary for this work to be carried out employers have a duty of care to ensure that the work is done in a safe way using the correct equipment and tools. If a cheery picker is to be used all those who will be using the machinery should be trained on how to use it in a safe manner. This also ensures that the correct procedures are followed in the case of an emergency. Employers should also ensure that there are safety measures in place to ensure that there are no injuries sustained by members of the public.
Safety regulations should be followed by all in the company to ensure that nobody sustains injuries * that could have been avoided.
Common Injuries *
Causes of Cherry Picker Accidents *
There is a certain risk associated with working from a height so it is important that employees are properly trained on how to correctly use equipment and machinery. Inadequate training can lead to accident and injury * of both employees and members of the public. Insufficient training is a common cause of workplace accidents * so it is important that employees attend any training that is provided to them prior to completing a job.
If an employer is acting negligently during the course of their work it is likely that an accident will occur. The chance of an accident occurring is greater if the cherry picker is not used for the purpose intended. If you have been injured while using a cherry picker and it has been found that you were acting in an unsafe manner, it is likely that you will be found liable. Another example of this is if the cherry picker is hit by another vehicle operated by another employee.
It is the responsibility of an employer to ensure that all equipment and machinery used in the workplace is maintained to a high standard to ensure the safe use and health and safety of employees. A poorly maintained cherry picker could result in an accident which the employer may be found liable for.
Objects falling from a height
As those using a cherry picker will be up at more of a height than others it is likely that items may fall from the cherry picker injuring other employees or members of the public. It is important that precautions are in place to reduce the risk of items falling if they are not secured properly.
If a cherry picker was to overturn, it can not only affect the person operating it but also people that are working close by.
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