WRULD Claims heard in England, Scotland and Wales

References to and/or interpretations of HSE Guidance Documents - Mulligan - v - Midland Bank plc

Work Related Upper Limb Disorders: A Guide to Prevention HSG60 1990
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In his Judgment of the 30th June 1997, HH Judge Simpson says:

As for the question of foreseeability, it is pointed out by the ergonomics expert called by the defendant, that there were two publications by the Health and Safety Executive which were available to the Bank in April 1992. One was Guidance Note MS10, produced as long ago as 1977, and the other was "Work Related Upper Limb Disorders: A Guide to Prevention" published in 1990. Mr Nicholson's report contains the following passages:

"Guidance note MS10 identifies tenosynovitis as an important cause of sick absence which occurs in many industries but especially in those where rapid repetitive twisting and ripping movements are common. It identifies assembly line work, belt conveyors, sorting for food canning and press operation as operations where tenosynovitis is common. It notes that the condition is liable to result from trauma, overuse of the wrist and forearm during repetitive operations, unaccustomed work, alteration in work tempo or from strain.''

That is at 4.3 of his report. At 4.6 he states:

"The Health and Safety Executive's publication 'Work Related Upper Limb Disorders: A Guide to Prevention', Reference 3, was published in 1990. The purpose of the guide is outlined in paragraph 1 of the document. Much of the guide is of relevance to this matter. Paragraphs 19 and 20 present information which would have been available to the defendants on publication of the guide in 1990."

Paragraph 19 states:

"Activities associated with the onset of upper limb disorders arise from ordinary movements which may include forceful repetitive gripping, twisting, reaching, moving, etc. What makes them hazardous is prolonged repetition, often in a forceful and awkward manner without sufficient rest or recovery time".

In paragraph 20 it is stated that:

"The majority of occupational factors associated with the increased risk of upper limb disorders can be grouped into three general areas. Force, frequency and duration of movement, awkward posture of the hand, wrist, arm or shoulder. In some jobs only one of these factors is responsible for increased risks. But more often an interaction between two or all three is to blame."

The remainder of the document, up to and including paragraph 32, discusses these factors. From paragraph 33 to the end of the document (paragraph 66) preventative measures and the implementation of solutions are discussed.

In paragraph 23 it is stated that:

"Jobs that require employees to perform highly repetitive motions with short cycle times need consideration, as muscles that are required to contract at high speed develop less tension than if they contract at a slower speed with the same force".

Paragraph 27 outlines the awkward postures that are of relevance, and paragraphs 28 and 29 discuss the use of hand tools. Paragraph 31 discusses training, or the lack of training, and paragraph 33 states:

"Where a particular job is suspected of causing upper limb disorders some form of risk assessment should be made. It should concentrate on identifying where risk factors are present and the degree to which they may affect the likelihood of injury."

An ergonomic checklist was provided with the document as copied at appendix 2 of the document.

HH Judge Simpson goes on to refer to an internal memorandum that was circulated by the Defendant in December 1990, warning of the danger of upper limb disorders and identifying the risk factors, and to a document produced by the Defendant in February 1991, giving guidance on the use of VDUs, much of which was also relevant to the use of typewriters. HH Judge Simpson then says:

In the light of all these matters and in the state of knowledge in April 1992 I am in no doubt that the plaintiff has established that there was a foreseeable risk of injury.

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Last updated: 14/05/2013