Risk assessment remains relevant in workplace claims

04 Feb 2019

Writing in The Scotsman, associate Lorna Ferguson looks at accidents in the workplace, considering issues including risk assessment and workplace law.

She says that EU Directives calling on member states to strengthen health and safety regulations saw the UK compile the so-called "six pack" regulations on standards which employers had to meet. She further notes that section 69 of the Enterprise and Regulatory Reform Act changed the system for workplace compensation claims in 2013 but that there has yet to be a reported Scottish case where section 69 has been the deciding factor. 

The interaction between reasonable care and the statutory health and safety framework has yet to be fully developed in Scotland,” adding that employers should in the meantime note that risk assessment “is still a relevant factor in workplace claims.”

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Disclaimer: This document does not present a complete or comprehensive statement of the law, nor does it constitute legal advice. It is intended only to highlight issues that may be of interest to customers of BLM. Specialist legal advice should always be sought in any particular case.

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