Defective Steel Toe Cap Boots Claim *
Steel Toe Cap boots are a health and safety requirement in many industries and a common requirement. Inadequate or no personal protective equipment is a common cause of workplace injuries * in Ireland. It is up to your employer to supply this to you as they have a reasonable duty of care to their staff. Steel cap boots are classed as Personal Protective Equipment (PPE) which also includes clothing, footwear, glasses, hats, facial protection and gloves. The use of protective equipment in the workplace can greatly reduce the chances of an accident or injury occurring.
Defective protective equipment can also lead to workplace injuries *, therefore it is important that this equipment is well maintained and repaired or replaced as needed. An employee should not have to us inadequate protective gear when carrying out their role.
Defective steel toe cap boots can cause long-term injuries which may leave the injured unable to work for a certain period of time. These boots are designed to prevent or minimise the chance of injuries being sustained by the wearer as they add a level of protection to the feet from falling objects or compression. They also help to protect against injuries from standing or walking on objects below the foot. A common cause of injuries is as a result of wear and tear of the boots over time.
An employer has a duty of care to ensure that an employee’s health and safety is a priority while they are at work. This should be the number one priority in any industry. It is the employers’ responsibility to carry out frequent risk assessments as this will help to identify potential hazards. This will also make them aware of the protective equipment which may be necessary for their particular workplace. It is their responsibility to ensure that steel toe cap boots are provided to those who need them.
The PPE that is required by employees should also be set out in the health and safety regulations of the company so that all employees are aware of this. If it is found that an employer has breached their duty of care and acted in a negligent manner, they will be found liable for the cause of any injuries sustained. Employees also have a responsibility to ensure that they wear any equipment that is provided to them by their employer as they may be found liable due to contributory negligence.
In some cases, the manufacturer of the work boots may be found liable as they failed to provide a product which met the health and safety requirements. A common complaint would be defects in the material used when manufacturing the boots. If it is found that they do not comply with regulations or are defective as a result of negligence on part of the manufacturer then they will be found liable for any injuries sustained as a result. Warranty claims are commonly associated with this as there may have been an issue within the time of warranty and guarantee since the date of purchase.
Personal Protective Equipment (PPE) Regulations
There are certain regulations in place which provide for the health and safety of employees in the workplace. The first being the Safety, Health and Welfare at Work Regulations 2007. These regulations outline the point that protective equipment should be provided to employees in a hazardous environment. They also say that an assessment should be carried out to determine what equipment is needed and for how long it should be worn throughout the working day. It is also important that any equipment provided is maintained and kept in a good condition. It should then be replaced as soon as possible when this becomes necessary.
The European Communities Regulations 1993 are in place to ensure that no PPE is placed on the market unless it complies with the health and safety standards and requirements. PPE is deemed to be satisfactory if it has the ‘CE Mark’. It is up to both the employer and employee to ensure that protective equipment, especially footwear, meets the standards in place so as to reduce the risk of injury if an accident were to happen.
Foot Injuries caused by Defective Steel Toe Cap Boots *
- Crushing Injuries
- Breaks and Fractures (Broken or fractures toes/bones in the foot)
- Amputations (loss of toes)
- Cuts and lacerations
- Sprains and strains
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