Flirgan Elf

Train drivers who have suffered injuries or disabilities owing to cramped and uncomfortable conditions inside railway engines can now pursue legal claims of compensation. A recent judgement favouring three drivers has paved the way for registering future cases of similar nature.

Arriva Trains Wales was deemed guilty of negligence of employee safety, as it had failed to ensure the implementation of proper measures in its railway coaches to make work easier for drivers. It was found that the seating for the drivers was cramped and uncomfortable. There were nor arm rests on the seats and the lack of spacing inside the engine made it difficult for the drivers to work with ease.

The drivers said that they had previously brought these complaints to the notice of the company, but in vain. They further said that the awkward positions in which they were required to work, the stressful wrist positions and the uncomfortable positioning of the brake and power controls led to continuous strain on their hands and arms. This led to their developing Carpal Tunnel Syndrome in their hands. They quoted this as permanent disability caused by industrial injury.

Arriva had turned down the claims earlier saying that CTS was not caused by these work conditions. However, the company was found guilty and the three drivers were awarded compensation of £22,000 to be shared between them.

The case was heard by Judge Vosper, who claimed that Arriva had not put adequate health risk assessment in place to determine the risks. No steps had been taken to ensure that drivers were able to work in comfortable conditions with adequate moving space.

The conditions for the workers were so cramped that one driver developed serious ailments which warranted leave of 10 months. Employee union ASLEF, which had hired

Thompsons Solicitors to present the case, feels that repetitive work involving prolonged use of limbs in awkward positions should be avoided at any cost so that workers can be protected from CTS.

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.