Question

A plant worker was ordered to climb a ladder to the top of a tower to perform maintenance. He fell when a ladder rung gave way and was injured. The employer argued the worker assumed the risk since the ladder was clearly old, rusty, and in poor condition. Does the employer have legal mer? Why or why not?

Answer 1

Solution:

The employer is responsible for the damages to the worker because as per the safety rules and regulations it is a must for the employer to ensure that the working conditions and equipment are of the best safety standards, to begin with. In this case, the ladder is clearly in a bad shape and it is not suitable for performing the work. Still, the same ladder was being used and hence the employer fails to maintain a set standard of regulation in the safety of the maintenance equipment. Secondly, the worker should have appropriate PPE while performing the maintenance work which may not be the case here. Also, failure by workers to have appropriate PPE kits and equipment to perform the job is considered as an obligation against the employer because it is the responsibility of the employer to ensure that the safety standards are maintained while performing the work that involves risky situations.

Hence, the employer should be held responsible for the incident since it failed to maintain a certain standard of safety regulations which ideally should have been in place. The failure by the worker to have appropriate PPE kits is an issue that organizations have to deal with internally and they have the necessary power to take actions against employees failing to meet the safety standards of the organization.