Get Listed for Free on our New Business Directory

Want greater exposure? Here's a 75% discount code for all paid packages - HSfB17

Lawsuit based on manual handling

Discuss all things health and safety.

Moderator: Moderators

Post Reply
Arek
Newbie
Newbie
Posts: 7
Joined: Sat Apr 02, 2016 10:10 am
Industry Sector: Document Management and Secure Shredding

Lawsuit based on manual handling

Post by Arek » Fri Jul 14, 2017 7:52 pm

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

User avatar
AdamJ
Snr Member
Snr Member
Posts: 444
Joined: Sun Feb 04, 2007 9:51 pm
Twitter: @thenoisechap
Location: Tewkesbury
Contact:

Re: Lawsuit based on manual handling

Post by AdamJ » Sat Jul 15, 2017 8:37 am

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
Newbie
Newbie
Posts: 7
Joined: Sat Apr 02, 2016 10:10 am
Industry Sector: Document Management and Secure Shredding

Re: Lawsuit based on manual handling

Post by Arek » Sat Jul 15, 2017 11:50 am

AdamJ wrote:
Sat Jul 15, 2017 8:37 am
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

User avatar
witsd
Snr Member
Snr Member
Posts: 547
Joined: Tue Nov 18, 2014 4:37 pm
Location: Glasgow

Re: Lawsuit based on manual handling

Post by witsd » Mon Jul 17, 2017 2:00 pm

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.
We often think that when we have completed our study of one we know all about two, because 'two' is 'one and one.' We forget that we still have to make a study of 'and.'

Post Reply

 

 Health, Environment and Risk Training - for all your NEBOSH, IOSH and in-house training. Contact us for excellent consultancy rates

Follow us on Twitter Find us on Facebook Find us on on LinkedIn

Terms of Use Privacy Policy