The Importance Of Properly Prepared Method Statements And Risk Assessments

Late last year, the English Court of Appeal, in the case of E H Humphries (Norton) Ltd & Thistle Hotels Plc v Fire Alarm Fabrication Services Ltd - [2006] EWCA Civ 1496 – heard an appeal following the death of a worker who fell through a skylight window.

One of the issues the Court of Appeal had to consider was who bore responsibility for the accident, the worker’s employer (the sub-contractor under the scheme of the building contracts), the electrical contractor who had engaged the sub-contractor or the ultimate employer. This lead the Court of Appeal to consider questions relating to the scope of the duty of care owed by these parties.

The case also brought into focus the importance of properly prepared risk assessments and method statements which must be produced in good time so that all parties concerned have ample opportunity to understand what is required.