Do you provide the correct safety equipment?

An employer has an obligation to provide a safe place of work and this includes ensuring that the correct personal protective equipment (PPE) and other safety equipment is provided to an employee performing tasks in the workplace.

A Queensland court recently awarded an employee $1.3million dollars in compensation after the employee fell from a ladder that the employee had provided himself that did not meet recognised safety standards. The Court found that his employer was negligent by failing to supply a ‘ladder mate’ or an adequate ladder to the plaintiff, and though the employee should have known better as he was an experienced worker, working without the correct equipment did not amount to contributory negligence.

The employee was experienced using ladders to do insurance assessments on roofs for storm damage, and though he had been provided with an appropriate ladder, on the day in question he had allowed another employee to borrow the work provided ladder. To get the work done the employer asked the employee to use his own personal ladder.

The employee had asked that a ‘ladder mate’ be provided for safety as he would be working alone without any assistance to secure the ladder when climbing up and getting on roofs. It was not provided so the employee went on to perform the work without one.

The Judge found that the employer breached its duty of care by failing to supply an adequate ladder or a ladder mate to the employee.

This case serves as a reminder for employers to undertake appropriate risk assessments, devise proper methods, instruct and train employees, and take reasonable steps to ensure the implementation of a safe system of work. It also highlights the obligation on employers to ensure that the appropriate equipment is provided, even where employees may be experienced workers.