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Supreme Court allows appeal against High Court order (de Valera J) imposing, in the context of personal injury proceedings, an absolute duty on the appellant bus company in relation to the use of its safety equipment by the respondent employee, finding that: a) the health and safety regulations as drafted do not impose such an absolute liability on an employer; and b) the employer took appropriate measures to minimise the risks involved in complying with its obligations under the regulations.
Dunne J (nem diss): Appeal against High Court order (de Valera J.) - whether appellant bus company retained a statutory duty in respect of safety equipment provided for use by its employees which had not been discharged - malfunction of pneumatic suspension of bus causing loss of 'cushion effect', thereby causing injury to respondent bus driver - proper maintenance regime existed - applicable statutory duty on employers - absolute duty in respect of safety equipment - S.I. No. 44 of 1993 - legislative regime - framework directive - whether regulations make employer strictly liable if its equipment fails - breach of regulations constitutes an offence involving the imposition of a penalty - employers' obligations - preventative measures - regulations as drafted do not impose a greater obligation than that set out in Directive - no statutory breach - appropriate measures to minimise risk taken - absolute liability not imposed by the employer's obligations under the regulations - appeal allowed.
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