In an earlier edition of Insight, we commented on the case of Wallace v Glasgow City Council [2010] CSOH 88 which has now been appealed (26 August [2011] CSIH57). The case involved an employee at a school who raised an action relying on the Management of Health & Safety at Work Regulations 1999 and the Workplace (Health, Safety and Welfare) Regulations 1992 after she sustained injuries when opening a window in the staff toilet facilities. She stood on the toilet bowl to reach the opener with the result that the toilet bowl collapsed, causing her to fall.
At the time of the accident, no window pole was kept in or immediately outside the cubicle, however, the school janitor gave evidence that a pole was kept in his office and was available for use upon request. At first instance, the Court granted decree of absolvitor in favour of the local authority, on the basis that it was unlikely that the window would be opened by persons standing on the toilet when there was a safe alternative means of access. The pursuer appealed successfully and was awarded damages. The Inner House considered that the provisions of Regulation 15 of the 1992 Regulations required the local authority to address the question as to how the window in question might be opened, closed or adjusted. They also considered that a proper risk assessment would have identified the risk of injury to persons of the height of the pursuer if no window pole was provided, in situ in the toilets or, at least, was readily accessible at all times.
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Garry Ferguson
Posted: 12.10.11