000			01531cab a2200205 4500
001			L130799
008			050831n2005 000 0 eng u
035			_a(Sirsi) u130799
041	0		_aeng
100			_aMorgan, Carolyn
245			_aHealth and safety restriction
260			_c2005
490			_aEstates Gazette _v(0534) 27 August 2005, 106(1)
520			_aConsiders the application of the duties imposed by the Workplace (Health, Safety and Welfare) Regulations 1992 in the light of a recent Edinburgh appeal hearing "Donaldson v Hays Distribution Services and others" ([2005] CSIH 48). Claimant (D) seeking to collect her purchases from a store's collection strayed into an adjoining store's loading bay and was crushed against a wall by a reversing lorry. "Held": appeal dismissed. The judges decided that the duties imposed by the Regulations did not afford protection in the workplace to those present as visitors but not as workers. Visitors and uninvited persons continue to enjoy protection under the occupiers' liability legislation although. D would not have necessarily been successful in any claim under that legislation. D is now claiming against the employers of the lorry driver and the health and safety risk assessor. The case has potential ramifications for the jurisdiction in England and Wales.
590			_aIKA130905
650			_aDONALDSON V HAYS DISTRIBUTION SERVICES LTD
650			_aWORKPLACE (HEALTH, SAFETY AND WELFARE) REGULATIONS 1992
690			_aHealth and safety _96244
942			_n0
999			_c75795 _d75795