Judgement Favours Train Drivers in case against Train Company
A historic judgement has been made in a recent case acknowledging the problems faced by train drivers who are required to work long hours in cramped and uncomfortable positions. This judgement will bring to light many more instances where lack of proper work conditions has led to disabilities and deteriorating health in employees.
Thompsons Solicitors presented the case of three drivers who had made the claim that they had developed permanent disabilities from industrial injury. The three drivers suffered from Carpal Tunnel Syndrome (CTS) in the hands. Earlier their claim had been rejected by Arriva Trains Wales, the employer company, on the grounds that their disorder was not a consequence of work conditions.
The claim of the drivers was that cramped accommodations and bad seating arrangements in the engines and coaches left no room for them to stretch their strained muscles. There was no arm rest on the seats which led to further strain. The controls, especially those for the braking system and power, were in an uncomfortable position, and their frequent use meant using the arm and wrist in odd angles a number of times.
These issues had already been pointed out to Arriva Trains but there was no move by the company to improve conditions. It was then that the drivers approached their employee union ASLEF, which in turn hired Thompsons Solicitors as lawyers to pursue a case of compensation.
It is a requirement to undertake a suitable and sufficient risk assessment on all work undertaken where there is a risk of injury, NEBOSH Training, leading to the award of the NEBOSH General Certificate in Occupational Safety and Health, can be of benefit to organisations in providing the knowledge to manage safely and effectively in compliance with both legislative requirements and best practice.
