Unsafe System Of Work

It is well known that young inexperienced workers are more vulnerable to suffering accidents at work compared to their experienced colleagues, however, if there is not a safe system of work in place then the experienced employees are at risk of suffering work accidents.

Mr Edward Tibbatts was employed by British Airways plc as a baggage handler and suffered a strain injury to his left shoulder whilst unloading baggage from a flight from India.A�It was Mr Tibbattsa�� task to lift bags from a conveyor and place them on a trailer.A�On the morning of the accident Mr Tibbatts had spoken with his manager and requested assistance with the task of unloading the luggage and his manager had refused him help. Mr Tibbatts made an accident at work compensation claim against B A plc on the basis that it had been in breach of the safety regulations, such as the Manual Handling Operations Regulations.

British Airways plc accepted liability to pay compensation to Mr Tibbatts for him suffering the shoulder injury, however said that Mr Tibbatts should accept that he was partly responsible for the accident because he was an experienced worker and knew how to safely do the task of unloading the conveyor.A�B A plc operated a bag labelling system and the heavy bag that injured Mr Tibbattsa�� shoulder did have a hazard warning label to warn Mr Tibbatts that it was heavy, and Mr Tibbatts knew that he could leave the bag to fall from the end of the conveyor.A�Mr Tibbattsa�� compensation claim was decided by the Queena��s Bench Division of the High Court and it awarded compensation to Mr Tibbatts, but reduced the award by 33% because it accepted that Mr Tibbatts had failed to be as careful for his own safety as he should have been when handling the heavy bag in view of him being a very experienced worker.

The High Courta��s decision in Tibbatts v British Airways plc