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Stuart McGowan v W & JR Watson Ltd - Provision and Use of Work Equipment Regulations 1998, appeared on Scotscourt website 17.12.2005

Held, the guard to the saw was functioning properly therefore no breach under Reg. 5(1). Under Reg 11 the court held that the blade of the saw should have been secured to prevent workmen having contact with it as danger should have been anticipated from unguarded use by a workman who, through inattention, might expose himself to injury. The defenders were in breach of their statutory duty under Regulation 11(1):

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