Skip to main content
IOSH Magazine: Safety, Health and Wellbeing in the world of work - return to the homepage IOSH Magaazine logo
  • Visit IOSH Magazine on Facebook
  • Visit @ioshmagazine on Twitter
  • Visit IOSH Magazine on LinkedIn
Gender equality
Practice meets perfect
May/June 2023 issue

Main navigation

  • Home
    • Browse previous issues
    • Member accolades
    • Member tributes
  • Health
    • Mental health and wellbeing
      • Bullying
      • Drugs and alcohol
      • Mental health
      • Stress
      • Wellbeing
    • Musculoskeletal disorders (MSDs)
      • Ergonomics
      • Manual handling
      • Vibration
    • Occupational cancer
      • Asbestos
      • Hazardous substances
      • Radiation
  • Safety
    • Incident management
      • Chemicals
      • Electricity
      • Fire
      • First aid
      • Slips and trips
    • Non-health related fatalities
      • Road safety
      • Work at height
    • Risk management
      • Confined spaces
      • Disability
      • Legionella
      • Lifting operations
      • Lone workers
      • Noise
      • Personal protective equipment
      • Violence at work
      • Work equipment
      • Workplace transport
  • Management
    • Human factors
      • Accident reduction
      • Behavioural safety
      • Control of contractors
      • Migrant workers
      • Older workers
      • Reporting
      • Safe systems of work
      • Sickness absence
      • Young workers
    • Leadership and management
      • Employee involvement
      • Management systems
    • Management standards
      • ISO 45001
      • ISO 45003
    • Planning
      • Assurance
      • Compliance
      • Emergency planning
      • Insurance
    • Rehabilitation
      • Personal injury
      • Return to work
    • Strategy
      • Corporate governance
      • Performance/results
      • Regulation/enforcement
      • Reputation
    • Sustainability
      • Human capital and Vision Zero
  • Skills
    • Communication
    • Personal performance
      • Achieving Fellowship
      • Career development
      • Competencies
      • Personal development
      • Professional skills
      • Qualifications
    • Stakeholder management
    • Working with others
      • Leadership
      • Future Leaders
  • Jobs
  • Covid-19
  • Knowledge Bank
    • Back to basics
    • Book club
    • Infographics
    • Podcast
    • Reports
    • Webinars
    • Videos
  • Products & Services
  • Management
    • Human factors
      • Sickness absence
      • Accident reduction
      • Behavioural safety
      • Control of contractors
      • Migrant workers
      • Older workers
      • Reporting
      • Safe systems of work
      • Young workers
    • Leadership and management
      • Employee involvement
      • Leadership
      • Management systems
    • Management standards
      • ISO 45001
      • ISO 45003
    • Planning
      • Assurance
      • Compliance
      • Emergency planning
      • Insurance
    • Strategy
      • Corporate governance
      • Performance/results
      • Regulation/enforcement
      • Reputation
    • Sustainability
      • Human capital and Vision Zero
  • Health
    • COVID-19
    • Mental health and wellbeing
      • Bullying
      • Drugs and alcohol
      • Mental health
      • Stress
      • Wellbeing
    • Musculoskeletal disorders (MSDs)
      • Ergonomics
      • Manual handling
      • Vibration
    • Occupational cancer
      • Asbestos
      • Hazardous substances
      • Radiation
  • Safety
    • Incident management
      • Chemicals
      • Electricity
      • Fire
      • First aid
      • Slips and trips
    • Non-health related fatalities
      • Road safety
      • Work at height
    • Risk management
      • Confined spaces
      • Disability
      • Legionella
      • Lifting operations
      • Lone workers
      • Noise
      • Personal protective equipment
      • Violence at work
      • Work equipment
      • Workplace transport
  • Skills
    • Communication
    • Personal performance
      • Career development
      • Competencies
      • Personal development
      • Qualifications
      • Professional skills
      • Achieving Fellowship
    • Stakeholder management
    • Working with others
      • Leadership
      • Future Leaders
  • Transport and logistics
  • Third sector
  • Retail
  • Mining and quarrying
  • Rail
  • Rehabilitation
    • Personal injury
    • Return to work
  • Utilities
  • Manufacturing and engineering
  • Construction
  • Sector: IOSH Branch
    • Sector: Northern Ireland
    • Sector: Midland
    • Sector: Merseyside
    • Sector: Manchester and North West Districts
    • Sector: Ireland East
    • Sector: Ireland
    • Sector: Edinburgh
    • Sector: Desmond-South Munster
    • Sector: Qatar
    • Sector: Oman
    • Singapore
    • Sector: South Coast
    • Sector: South Wales
    • Sector: Thames Valley
    • Sector: Tyne and Wear
    • Sector: UAE
    • Sector: West of Scotland
    • Sector: Yorkshire
  • Healthcare
  • Sector: Fire
  • Sector: Financial/general services
  • Sector: Energy
  • Education
  • Sector: Communications and media
  • Chemicals
  • Sector: Central government
  • Catering and leisure
  • Agriculture and forestry
  • Sector: Local government
  • Sector: IOSH Group
    • Sector: Financial Services
    • Sector: Sports Grounds and Events
    • Rural industries
    • Sector: railway
    • Public Services
    • Sector: Offshore
    • Sector: Hazardous Industries
    • Sector: Food and Drink
    • Sector: Fire Risk Management
    • Education
    • Construction
    • Sector: Aviation and Aerospace
Quick links:
  • Home
  • Categories
  • News
Personal injury

Milkman wins appeal over gallery’s unsafe delivery routes

Open-access content Cedrec — Tuesday 17th November 2020
From the archive:  Just so you know, this article is more than 2 years old.
Milkman wins appeal over gallery’s unsafe delivery routes

Alamy

A milk delivery driver has successfully appealed against the decision to acquit National Galleries of Scotland in his claim for damages after he was injured on its premises. 

Andrew Wright had made deliveries to the Scottish National Portrait Gallery in Edinburgh many times through a rear fire exit. From 18 November 2016, the gallery asked him to deliver by the front entrance. The accident occurred the day after the route changed.

At 6.40am Andrew proceeded to make the delivery via the front entrance. The gallery attendants let him in, and he pushed a wheeled cage of milk to the kitchen area delivery point. He was unable to see a step down in the corridor, so the cage suddenly dropped and Andrew fell, injuring himself.

He pursued claims for damages from National Galleries of Scotland (NGS) as it was responsible for altering the out-of-hours access arrangements for his deliveries. It was argued that it had breached its common law duty to take reasonable care for his safety, as well as its statutory duty under the Occupier’s Liability (Scotland) Act 1960 and a breach of duty of care to employees, including vicarious liability. At trial in 2019, the sheriff acquitted NGS of liability, and Andrew appealed the decision.

The Sheriff ’s Appeal Court considered the sheriff ’s original consideration of the nature and extent of the defendant’s control of the gallery, and how this impacted on its obligation to address foreseeable risks to those making deliveries to the premises.

The Appeal Court ruled that if the original sheriff had recognised the extent of the NGS’s control at the time of the accident, that should have informed it of its duty of care as an occupier under the Workplace (Health, Safety and Welfare) Regulations 1992. Those regulations stipulated NGS’s duty of care to those working in the gallery as well as its visitors. It also required the occupier to ensure suitable and safe access or traffic routes within the gallery.

When NGS decided to alter the route for deliveries, it should have considered how to organise pedestrian routes in a way that was safe for the delivery. The new arrangements failed to do that and simply stated that the delivery should be made to the front entrance rather than the rear fire exit. NGS failed to consider the safety of pedestrian traffic routes and, based on the evidence, it appeared that there was no clear understanding of a system of access for the milk delivery, let alone how that system of access could be made safely.

The sheriff had acknowledged that any step was a hazard, and in this case the hazard could have been avoided through the use of an alternative access route, such as using the rear fire exit as had been the case previously. It was also reasonable that the hazard could have been mitigated by means of a ramp or at the very least, a warning sign. The defendant had full knowledge of the end point for the milk delivery – in the gallery’s kitchen area – so should have therefore considered how he would be able to safely access this location.

The Sheriff ’s Appeal Court allowed the appeal and awarded Andrew £1875 in damages.

This article was provided by legal experts Cedrec.

You may also be interested in...

RAIB makes recommendations after track worker deaths at Margam

 RAIB makes recommendations after track worker deaths at Margam

Tuesday 17th November 2020
One of the main causal factors of the accident was that track workers did not hear the train approaching – we speak to a noise protection expert, and Network Rail responds.
Open-access content
Gig economy workers are entitled to the same EU health and safety rights as employees, the UK High Court has ruled

 Gig workers win PPE battle

Thursday 19th November 2020
Gig economy workers are entitled to the same EU health and safety rights as employees, the UK High Court has ruled.
Open-access content
International Convention Centre

 ICC’s owner fined £400,000 after stage boss hit by falling weight

Friday 20th November 2020
A company has been fined £400,000 after a stage manager was hit by a weight which fell from a high-level platform.
Open-access content
 Taxi drivers more at risk of cancer from diesel exhaust exposure, study reveals.

 Taxi drivers more at risk of cancer from diesel exhaust exposure, study reveals

Friday 13th November 2020
Major new research has shown that drivers are at a greater risk of cancer than other occupations.
Open-access content
Formula Scaffolding fined £160,000 over scaffold collapse

 Scaffold collapse lands contractor with £160,000 fine

Friday 13th November 2020
High winds and monoflex sheeting caused scaffold to act as a ‘giant sail’ and collapse onto street
Open-access content
Has gender equality gone in reverse?

 Has gender equality gone into reverse?

Thursday 12th November 2020
Nick Warburton considers the bump in the road when it comes to gender equality.
Open-access content
Topics
News
Personal injury
Share
  • Twitter
  • Facebook
  • Linked in
  • Mail
  • Print

Latest Jobs

Health and Safety Improvement Manager

Leeds
£35000 - £50000 per annum
Reference
5452992

SHEQ Systems Advisor

Up to £40000.00 per annum + Car Allowance
Reference
5452988

Senior Health and Safety Manager

Reading
Up to £65000.00 per annum + Great Car Allowance & Benefits
Reference
5452983
See all jobs »

Sign up for regular e-alerts

Receive the latest news and features, free to your inbox

Sign up

Subscribe to IOSH magazine

Receive the print edition straight to your door

Subscribe
IOSH Covers
​
FOLLOW US
Twitter
LinkedIn
YouTube
CONTACT US
Contact us
Tel +44 (0)20 7880 6200
​

IOSH

About IOSH
Become a member
IOSH Events
MyIOSH

Information

Privacy Policy
Terms & Conditions
Cookie Policy

Get in touch

Contact us
Advertise with us
Subscribe to IOSH magazine
Write for IOSH magazine

IOSH Magazine

Health
Safety
Management
Skills
IOSH Jobs

© 2023 IOSH • IOSH is not responsible for the content of external sites

ioshmagazine.com and IOSH Magazine are published by Redactive Media Group. All rights reserved. Reproduction of any part is not allowed without written permission.

Redactive Media Group Ltd, 71-75 Shelton Street, London WC2H 9JQ