Vibration: burden on employer

Brown and Others v Corus (UK) Limited

Where claimants had been subjected to excessive levels of vibration through the use of hand tools at work, the employer assumed the burden of justifying their continuing exposure to vibration.

The Court of Appeal (Lord Justice Auld, Lord Justice May and Lord Justice Scott Baker) so held on March 30, 2004, allowing appeals by Kenneth John Brown, Lloyd Michael Grogan and Peter Godfrey Trickey from the dismissal by Judge Hickinbottom, in Cardiff County court on February 13, 2003, of their action for damages against their former employer, Corus (UK) ltd, owners of the now closed Llanwern steelworks, South Wales.

LORD JUSTICE SCOTT BAKER said that by doing nothing to limit the claimants’ exposure the employer had materially increased the risk to them.

The claimants were not required to show that had the employer reduced the vibration levels it would have made a difference to their condition. It would be an unjust legal system which did not hold the employer responsible for what had happened to the employees.

Decision 27th May 2004 reported in “The Times”