Have you been injured whilst lifting at work? If you have, you are certainly not alone. More than one third of all injuries reported each year to the Health & Safety Executive and Local Authorities are caused by manual handling (which includes lifting). This is more than any other type of accident at work.

The main legislation that governs lifting at work is the Manual Handling Operations Regulations 1992. These Regulations apply to a wide range of manual handling activities, including lifting, lowering, pushing, pulling or carrying. It is, therefore, not just lifting that is covered by the Regulations. A person may have been injured whilst pushing a trolley, pulling or moving a desk or, perhaps, attempting to assist a falling patient. All these activities would be covered by the Manual Handling Operations Regulations.

Manual handling injuries can occur whenever people are at work. They can occur on farms, on buildings sites, factories, offices, warehouses, banks, hospitals, laboratories or while making deliveries. Awkward posture and the presence of a pre-existing injury are all factors which increase the risk of injury from manual handling at work.

Prevention and control of manual handling injuries has been identified as a priority by the Health & Safety Commission. It is important that employers consider the risks from manual handling to health and safety of their employees and, if they fail to do so, they may face a personal injury claim and, in more serious cases, a prosecution by the Health & Safety Executive.

The Regulations require employers to :-

• Avoid the need for hazardous manual handling, so far as is reasonably practicable;
• Assess the risk of injury from the hazardous manual handling that can’t be avoided; and
• Reduce the risk of injury from manual handling to the lowest level reasonably practicable.

A manual handling task may be avoided, for example, by re-designing the task or by automating or mechanising the process.

If manual handling cannot be avoided then the risks must be reduced. Reducing the risks would include ensuring employees have appropriate equipment and receive proper training. This is a continuing duty and the steps taken to reduce the risk should be monitored on a regular basis. Ergonomic assessment is required and there must be a review of such assessments if there is any reason to suspect that the risk assessment carried out is no longer valid or there has been a significant change in the manual handling operation. For example, an injury or complaint would necessitate a review.

In assessing manual handling the employer should have regard to the tasks involved, the loads to be manually handled, the working environment and individual capability.

The Tasks

Do they involve:

• Holding loads at a distance from the trunk?
• Unsatisfactory bodily movement or posture?
• Excessive movement of loads, especially excessive lifting or lowering distances?
• A risk of sudden movement of loads?
• Frequent or prolonged physical effort?
• Insufficient rest or recovery periods?

The Loads

Are they:

• Heavy or bulky?
• Unstable, or are the contents likely to shift?
• Sharp, hot or otherwise potentially damaging?

The Working Environment

Are there:

• Space constraints preventing good posture?
• Uneven, slippery or unstable floors?
• Extremes of temperature or humidity?
• Poor lighting conditions?
• Variations in levels of floors or work surfaces?

Individual Capability

Does the job:

• Require unusual strength?
• Create a hazard to those who might reasonably be considered to be pregnant or have a health problem?
• Require special information or training for its safe performances?
• Involve a risk of injury for employees who act instinctively?

Employees have duties too.

They should:-

• Follow appropriate systems of work laid down for their safety.
• Make proper use of equipment provided for their safety.
• Co-operate with their employer on health and safety matters.
• Inform the employer if they identify hazardous handling activities.
• Take care to ensure that their activities do not put others at risk.

Manual handling claims, including lifting accidents, are very commonly defended by employers and their insurers so it is vital that those injured in manual handling accidents at work receive the proper advice. Many employers are unaware of the standard of care required in this complex area of law and instructing a solicitor with the extensive knowledge of the Manual Handling Operations Regulations and other relevant legislation can make the difference between success and failure with a claim arising out of injury caused by lifting at work.

Anthony McCarthy, an Associate Solicitor at Macks Solicitors, comments “Macks Solicitors have a wealth of experience in dealing with manual handling claims, including lifting accidents at work. We recently acted for a Claimant who was injured whilst lifting at work. Liability was disputed by his employers but, as a result of our expertise, the Claimant ended up recovering over £20,000”.