A labourer who had been doing repair work to a householder’s roof made a claim for damages when he was injured after falling off a ladder whilst working. In Kmiecic v Isaacs, The court had to consider whether the householder had a duty of care to the labourer under the Work at Height Regulations 2005 and the Construction (Health, Safety and Welfare) Regulations 1996.
The Work at Height Regulations 2005 apply, in the case of a non employer, to “work by a person under his control, to the extent of his control.” The Construction (Health, Safety and Welfare) Regulations 1996 apply, in the case of a non employer to “control the way in which the construction work was carried out by a person at work… in so far as they related to matters which were within his control.” The Court found that the householder did not direct the labourer in how he carried out his work and had no right to instruct him therefore did not have any control over the labourer. The claim failed.
Depending on the circumstances of the accident, the labourer may have had a personal injury claim against the contractor, if there was one, who had sent him to carry out the work as the contractor would have had a duty of care.
