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You are here: BAILII >> Databases >> England and Wales Court of Appeal (Civil Division) Decisions >> Green v Yorkshire Traction Company Ltd [2001] EWCA Civ 1925 (5 December 2001) URL: http://www.bailii.org/ew/cases/EWCA/Civ/2001/1925.html Cite as: [2001] EWCA Civ 1925 |
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IN THE COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM WAKEFIELD COUNTY COURT
(His Honour Judge Cockroft)
Strand London WC2 Wednesday, 5th December 2001 |
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B e f o r e :
LORD JUSTICE KAY
____________________
STEPHEN PAUL GREEN | ||
Claimant/Respondent | ||
- v - | ||
YORKSHIRE TRACTION COMPANY LIMITED | ||
Defendant/Appellant |
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Smith Bernal Reporting Limited, 190 Fleet Street,
London EC4A 2AG
Tel: 0171 421 4040
Official Shorthand Writers to the Court)
appeared on behalf of the Appellant.
MR RICHARD COPNALL (Instructed by Towells, 55 Westgate, Wakefield, WF1 1BQ) appeared on behalf of the Respondent.
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Crown Copyright ©
Wednesday, 5th December 2001
"Every employer shall ensure that work equipment is maintained in an efficient state, in efficient working order and in good repair."
"The employer shall have a duty to ensure the safety and health of workers in every aspect related to the work."
"The Council ... shall adopt individual Directives, inter alia, in the area of [work equipment]".
(a)The language of the paragraph requires "ensure" to be used in the sense of "warrant" or "guarantee".
(b)Article 5(1) has to be read together with Article 5(4) which empowers a Member State to provide for the exclusion or limitation of employer's responsibility when occurrences are due to unusual and unforeseeable circumstances beyond the employer's control or exceptional events, the consequence of which could not have been avoided despite the exercise of all due care.
(c)Article 5(1) also has to be read with Article 2(2) which for certain public service activities and certain specific activities, with which it would conflict, makes the directive inapplicable but requires that safety and health of workers must be insured as far as possible in the light of the objective of the directive.
"This Directive, which is the second individual Directive within the meaning of Article 16(1) of the [Framework Directive], lays down minimum safety and health requirements for the use of work equipment by workers at work..."
"Where it is not possible fully so to ensure that work equipment can be used by workers without risk to their safety or health, the employer shall take appropriate measures to minimise the risks."
"The employer shall take the measures necessary to ensure that, throughout its working life, work equipment is kept, by means of adequate maintenance, at a level such that it complies with the provisions of paragraph (1)(a) or (b) as applicable."
"Mr Storey relied on the language of Article 3 and Article 4 of the Work Equipment Directive. He suggested, and I agree, that the language of the Directive is not such as to compel a Member State to introduce absolute obligations."