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#1 Posted : 08 April 2003 13:53:00(UTC)
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Posted By Jonathan Sandler Dear reader, I have just been persuing the revised HSG 85 Electricity at Work: safe working practices. In both the old edtion para 37 and para 48 in the new doc they both state " the worker will be supplied and will use correct and appropriate information, tools, intruments, safety equipment and instructios. Is this a mandatory requirement with regards to tools? I am waiting for a reply from the HSE but would welcome views. Regards. Jonathan Sandler.
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#2 Posted : 08 April 2003 14:25:00(UTC)
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Posted By Sean Fraser Johnathon, I am a little confused as to your question. Without attempting to be facetious, is there an occasion where you wouldn't give the employee the correct and appropriate tools for the job? If you are seeking a justification of the requirement, refer to PUWER - this also deals with work equipment and reinforces the necessity to ensure that it is correct and appropriate for the work involved, as well as covering aspects such as maintenence, labelling, training and instruction.
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#3 Posted : 08 April 2003 20:45:00(UTC)
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Posted By Geoff Burt Sean Yes - it is common practice for a number of trades to supply their own tools eg joiners, plumbers, electricians and so on. Geoff
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#4 Posted : 09 April 2003 08:52:00(UTC)
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Posted By Ken Taylor Many trades people these days are self-employed and have to provide themselves with tools. Where they are employees, the employer has a duty to ensure that the necessary tools are suitable. However, as this does not define the supply arrangements or route, I take it that the employer can satisfy him/herself that the tools 'offered' by the employee for the employer's work are suitable. This may be a case of HSG 85 going beyond the strict 'letter' of the PUWER Regs. It would be interesting to hear of any related case law in this respect.
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#5 Posted : 09 April 2003 20:34:00(UTC)
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Posted By Steve Sedgwick Does anyone recall the case a couple of years ago where a postman used his own bicycle for delivering mail, while riding the bike he fell off it and injured himself. The court found that the bicycle in this instance ( I do not recall why, I think his bag got caught on the brakes or wheel) was not suitable for delivering mail, the employer was found to be in breach of the Work Equipment Equipment regs. The employer should ensure that the equipment is suitable, even if the employee provides it regards Steve
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#6 Posted : 10 April 2003 08:48:00(UTC)
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Posted By Ken Taylor Yes, I do - and it established the principle that work equipment has to be in a maintained safe condition whenever used for work and not just subject to a maintenance regime.
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