Lifting Accidents: Dustmen and Wheelie Bins

The law relating to lifting or what is now called manual handling is set out in detailed statutory regulations which make it clear that manual handling should be avoided where there is a "risk of injury". There have been a number of cases involving dustman -with two cases heard in the past three months by the Court of Appeal. In one case, Alsop v Sheffield City Council [2002], a refuse worker who was part of a team that cleared rubbish from a regular route was injured when he had to lift a wheelie bin up a ramp and slipped injuring his elbow. It was argued on his behalf that this accident could have been avoided if there had been a risk assessment of the work undertaken because this would recommend that the wheelie bin was not suitable for being lifted up this ramp. However, the Court of Appeal said that the interpretation of the Manual Handling Operations Regulations 1992 had to be done with some realism and common sense. His claim was rejected and he was awarded no compensation at all.

In another case, Warner v Huntingdon District Council [2002], a dustman had developed over a number of years through lifting rubbish bags a degenerative back condition. He argued that his employers were in breach of the manual handling regulations because he should not have been required to lift heavy refuse bags. His claim was again rejected because both the trial judge and the Court of Appeal found that there was no evidence that there was any real risk of injury as a consequence of this work and that there been few, if any, other claims made before, proving that there was no real risk of injury.

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