Wind Turbine Technician Due Compensation for Severed Left Arm

Even the most careful employees can suffer industrial accidents for which even the most safety-conscious employers can be held responsible. The High Court made that point in the case of a technician whose left arm was traumatically amputated whilst he worked on the inner machinery of an offshore…

Jan 12, 2023

Nicholas doherty ponbhdyofom unsplash 1024x664

Even the most careful employees can suffer industrial accidents for which even the most safety-conscious employers can be held responsible. The High Court made that point in the case of a technician whose left arm was traumatically amputated whilst he worked on the inner machinery of an offshore wind turbine.

The technician, whose reputation for carefulness had earned him the nickname ‘Mr Safety’, was working within the housing of the turbine, which was on board ship and being prepared for installation. Unaware that the turbine’s generator was under power and slowly moving, he put his arm through a hole in a brake disc to check a component. On completing the check, he realised that he could not withdraw his arm and he could only watch as the machinery severed his limb.

In finding the company that employed him at the time two-thirds liable for the accident, the Court found that technicians who had been working on the turbine earlier in the day had reactivated the power without replacing a chain and warning sign that would have alerted incoming personnel to the fact that the system was energised. That failure was the most potent cause of the accident.

The technician, who was working in the turbine’s housing alone when he should not have been, was himself one-third responsible for his own misfortune. There was no one present to act as a second pair of eyes and, although the accident involved a certain amount of sheer bad luck, he had assumed without checking that the power was off and the system locked.

The Court expressed admiration for the courage and presence of mind he had shown following the accident and for his determination in coping with such a grave injury. The company was commended for its exemplary reaction in the immediate aftermath of the accident. Evidently attaching great importance to safety matters, it carried out a full investigation and swiftly implemented effective reforms to equipment and safety procedures.

The amount of the technician’s compensation, which would be reduced by one third to reflect his own contributory negligence, would be assessed at a further hearing, if not agreed.

Service Charges Dispute Focuses on Report of ‘Intolerable’ Fire Risk

Tenants are only obliged to pay service charges that have been reasonably incurred. That principle was the focus of a guideline case concerning two apartment blocks which, according to an expert report, posed an intolerable fire risk. Previous fire inspections of the blocks had uncovered no serious problems so that the report, which found combustible materials in their external walls, came as a bolt from the blue. The landlord’s response was to place a 24-hour waking watch on the blocks as an…

Changes to Tipping Laws Delayed Until October

The Employment (Allocation of Tips) Act 2023, which amends the Employment Rights Act 1996, was previously scheduled to come fully into force on 1 July 2024, but this has now been delayed until 1 October. The Act requires employers to pass on all tips and service charges to workers without any deduction, except in very limited circumstances (for example, deduction of Income Tax). Under the Act, employers must also:ensure that tips are distributed in a fair and transparent manner when the…

Sexual Harassment and the Rights of Accused Employees – Guideline Ruling

Sensible employers take accusations of sexual harassment very seriously indeed. As an Employment Appeal Tribunal (EAT) ruling underlined, however, the rights of any employee accused of such harassment must be treated with equal gravity. The case concerned a male scientist who was accused of sexual harassment by a female colleague. Following a lengthy grievance procedure, a panel found, on the balance of probabilities, that he had attempted to hug and kiss her when they were in a car together…