How should the courts apply the Manual Handling Operations Regulations, asks Keith Patten
We have reached the 20th anniversary of the Manual Handling Operations Regulations 1992 (SI 1992/2793) and yet, despite this passage of time, there still seems to be a need for the Court of Appeal to remind judges of the nature of the obligations imposed and, in particular, their important distinction from many common law duties in negligence. This has led the Court of Appeal again to overturn a first instance decision in the case of Ali Ghaith v Indesit Co UK Ltd [2012] EWCA Civ 642.
The factual background
The claimant was employed by the defendant as a mobile service engineer. His job consisted of carrying out repairs in customers’ houses on items such as washing machines, refrigerators etc. In order to do this he used a van supplied by the defendants which carried a stock of equipment and parts that he may need on his visits. It was the practice, once a year, to undertake a full stock-take of what was being carried on the van. It was
