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Posted By Gary Levers
Hi folks, I'm just looking for a second opinion.
An employee has requested the use of a set of ladders for use at home. I have so far resisted on the grounds that the company would be liable if he was injured as a result of the ladder failing. (even if he did sign a disclaimer)
However, will we still be liable if he is injured EG by failing to secure it correctly (footing etc), overloading, over-reaching etc?
Thanks in advance
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Posted By Chris Turner
Gary,
As the equipment was not being used for an activity required by his/her employer, I do not think that will be an issue.
regards
Chris T
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Posted By Steve Sedgwick
The ideal outcome from any risk assessment is to eliminate the risk.
I would eliminate this one and tell the employee NO. I feel sure that that would be the answer he expected any how.
Your HR Manager would also probably say the same.
regards
Steve
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Posted By Euan Turner
I think many employers would take the approach Steve is advocating - i.e. a straight no. However, I think that Chris also has a valid point - and in fact it is no different to what any hire company does day in, day out - i.e. hire equipment to people to use in situations over which they have no control. The best they can do is (in simple terms) make sure that the equipment is safe at the point of hire, that the person using it as adequate information to use the thing safely and that when it comes back into their control, it's checked to make sure that it's still safe. This is after all how PUWER deals with hire companies and their equipment, and although no money is exchanging hands in this case, what else is different?
Perhaps look at it another way... you do not lend the ladder to the employee, they end up using innapropriate equipment 'borrowed' from elsewhere or hired on the cheap, which results in a fall... and no employee for a few weeks. What's the bigger risk? The chance that:
(a) your company might lose a ladder or be subject to a spurious compensation claim that would surely get chucked out if you could demonstrate that you'd taken all reasonable steps, as above - or
(b) your employee off work due to an at home injury that could have been prevented with an altruistic action from the employer.
Hope this helps!
Euan
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Posted By Sean Fraser
I would tend to agree with Euan in his response that it might be advisable to let the employee use the equipment on the clear understanding that they use it safely and return it by a certain agreed time.
There are obvious fears regarding the possible mis-use of the equipment, but if it could be proved that the ladder was in good condition when it left then any injury would be down to use (or mis-use), not mechanical failure.
I am approaching this from the point of view of a small company where there would be a tendency to endorse such borrowing as an employee 'perk' - costs the company nothing and promotes good employee relations by being seen as benevolent. I have been in this position before and it can have more negative repercussions by not letting them have an item - there just needs to be a suitable level of control on the part of the employer. The safety issue was addressed by making the employee sign out the equipment through a Delivery Advice Note (or you could use a receipt) which detailed what it was, what it was to be used for, when it was due back and any conditions of use. This forms the basis of a contract which could be used later as evidence that the free hire was properly regulated by the employer - as far as was reasonably practicable.
It is always easier to say no, but isn't that the curse of the safety profession - the perception of being fun killers? I know this isn't for "fun" but it is yet another example of how we can sometimes react instinctively with a "no" and the latent resentment that may engender when careful consideration of the issue could result in a more favourable end result for everyone involved.
However, the final decision is yours!
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Posted By Dave Wilson
give the chap / chapess the ladder and tell him to get the barbie on as you will be round to collect.
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