Lawsuit based on manual handling

[Arek]

Hi,

Need a quick consul...

Let's take for example that the company was bought by another company last year Aug, all EE's had their manual training when under ex company.

Training certificate was provide by an in house trainer without stating on the document when refresher has to be completed.

Individual had a manual handling incident which prevents him from completing his day to day task's. His doctor give him a note, not fit to work.

In accordance with HR and managers light duties couldn't be provided for the individual because they don't exist in work environment.

This morning I was informed about lawsuit based on the missing or not provided manual handling training.

What you think?

Regards

[AdamJ]

The lack of a 'refresh' date on the certificate is not an issue. I loathe training providers who put expiry dates on courses which have no set validity limit, in-house or external. Especially external providers - that's just to sell more training. Manual handling training should be provided and then repeated when there is reason to believe it is needed, for example observed poor working practices. So to answer your question, training was provided and you say there is a certificate / course record to confirm it.

[Arek]

The lack of a 'refresh' date on the certificate is not an issue. I loathe training providers who put expiry dates on courses which have no set validity limit, in-house or external. Especially external providers - that's just to sell more training. Manual handling training should be provided and then repeated when there is reason to believe it is needed, for example observed poor working practices. So to answer your question, training was provided and you say there is a certificate / course record to confirm it.

Hi Adam,

Thank you for reply, is this with accordance with HSE manual handling guide? What I mean, its recommended to do annual refresher on MH.
So how should this be interpreted in the eye of law?

Taking your explanation - if I not misinterpreted, MH should be provided after serious breach of manual handling or when observed poor working practices. Bearing this in mind, my EE should received MH refresher or full training after his fit to work not earlier if certificate doesn't state different?

Regards

[witsd]

I don't believe that a set amount of time between MH training sessions is specified anywhere. Certainly not in law, and probably not more than suggested within guidance.

Having said that, my personal opinion is that a period of anything 3 years or less would probably be reasonable, with things starting to look increasingly shaky as you hit 4, 5, 6… years.

Of course the company ought to be identifying issues and supplying ad hoc training following minor MH accidents.