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#1 Posted : 29 June 2004 12:07:00(UTC)
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Posted By Ron Young I remember a thread like this some time ago but I can't find it. My question, is there a liability on a company if it allows ex-employees to keep their work laptops after they leave the company. All work related software would be erased but what would happen if the equipment caused injury at a later date.
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#2 Posted : 29 June 2004 12:23:00(UTC)
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Posted By James Byatt Ron, Just an educated guess but if the employee no longer works for you then you have no liability. Think of yourselves as Dixons selling hardware to private persons. Also, if they use it for non-work related activities then the HAS"AT WORK"Act does not apply. I would suggest getting them to sign some sort of "sold as seen" form like you would for selling on a second hard car. That should cover your back. Cheers, James
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#3 Posted : 29 June 2004 13:36:00(UTC)
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Posted By Stuart C I agree with the last posting if you have maintained the equipment up to the point it leaves your control I can't see it would be an issue. As an aside you could offer the laptops to charity organisations. There are many that provide basic IT training or wordprocessing skills to enable people to enter the world of work and organisations such as Womans Aid provide this sort of things to their clients whose children would benefit from access to IT. I am sure there would be many who would be glad to take them off your hands & PAT test them before handing them out.
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#4 Posted : 29 June 2004 17:17:00(UTC)
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Posted By peter gotch Ron, Previous postings at http://www.iosh.co.uk/in...rum=1&thread=7978&page=1 and http://www.iosh.co.uk/in...rum=1&thread=8026&page=1 Regards, Peter
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#5 Posted : 29 June 2004 19:58:00(UTC)
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Posted By John Murgatroyd It's the HEALTH AND SAFETY AT WORK ETC ACT. Note the ETC part. It not only protects the people AT work but also the people NOT at work but whose safety may be threatened by people who ARE at work, or by their activities. I presume by "work related software" you also considered the OS on the device ? After all, when you purchased the computer it either came with the OS installed or you purchased it (the licence really) later. You should read the sales notice. You are only licenced to use the software, the resale or giving away is not allowed. Onto the work-related software. Unless you used something like Norton system works to delete the files, and overwrite the sectors used, then recovery of the files is fairly simple. When you click on DELETE the system doesn't actually delete the files. You should have removed the fixed disc and destroyed it. Most firms won't sell any computers with the drive still installed.
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#6 Posted : 29 June 2004 20:47:00(UTC)
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Posted By Geof ETC - the explanation for the etc is not that at all John. It was a mop up of other bits of legislation for which the HSWA was just a vehicle. When you say 'most' companies remove the disks - I'd like to see the research that you've based that statement on?
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#7 Posted : 30 June 2004 11:21:00(UTC)
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Posted By Stuart C What liability are you referring to? viruses etc. i don't understand the risk other than electrical faults that are involved in giving away old lap tops - but more than happy to be enlightened.
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#8 Posted : 30 June 2004 11:26:00(UTC)
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Posted By Ron Young Stuart, Safety risk, mainly electrical. Don't care about e virus's, can't see a prosecution from an infected computer...
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#9 Posted : 30 June 2004 13:40:00(UTC)
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Posted By John Murphy We have been down this route and given redundant or replaced PC's to staff. The main issue is one trading standards can advise on and that is that as an employer you must ensure the goods are fit for purpose and of course safe at the point of disposal. Our equipment has been properly maintained and in good order, we judged the risk to the Council from someone being electrocuted on switching on the PC when they got it home as very low. However, we did issue some guidance that went like this: Background Merton replaces all of its PCs after three to four year’s use. The replaced PCs are currently donated to a charity for passing on to overseas organisations. Some PCs are disposed off using an approved supplier. Staff have, from time to time, asked if these PCs can be released for them to use at home. However, due to health and safety reasons, this has not been possible until now. Merton has recently agreed a policy to release some PCs that are being replaced as part of technology updates to staff to use at home. The PCs are generally in working order when they are decommissioned from business use. No Software (including the operating system) will be available on these PCs.. Why are we releasing these PCs to staff Merton is committed to developing and valuing its staff. The release of PCs to staff will assist in staff development. PC configuration The PCs are generally between three to four years old. Where possible, a complete set will be available for release to staff. A set will comprise a base unit, monitor, keyboard and a mouse. Some cables will be available. However, at times, only parts of the configuration will be available to staff. No software, including the operating system, will be available on the PC. Staff need to make arrangements to buy and load any software of their choice. Electrical safety Like all other electrical items, staff need to make sure that PCs are connected to electricity with care. Only a competent electrician should attempt to open up any device. Disposal If a staff member has no further use of a PC, then: 1. This may be donated to a charity 2. This should be taken to an approved re-cycling centre for safe disposal. 3. PCs cannot be sold under any condition. 4. PCs cannot be returned to the Council once collected. Guarantees The PCs and their associated component are released as seen. There is no guarantee that any of the items are in working order, or fit for purpose. Collection process 1. ITS will make PCs available on a first come, first served basis. 2. PCs will be available for collection at certain times of the day. 3. Only one PC will be released to a member of staff. 4. PCs will need to be collected immediately, and taken off site the same day. 5. ITS will issue a release certificate showing PC serial number for security purposes. This will need to be retained as long as the staff keep that PC, and must be passed on if the PC is donated. 6. Once collected, the PC cannot be returned to ITS. 7. Any PCs not collected will be disposed off using the existing procedures in ITS. Wordy but hope this helps!!
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#10 Posted : 30 June 2004 14:43:00(UTC)
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Posted By Alec Wood Can't see the problem. If you are really worried you could always PAT the power supplies on the way out, but if their PAT is still current then why bother. Re the OS. The what's and why's of leaving the operating system on depend on the license. Licenses may exist in many different forms for the same piece of software. We are closing down. Staff are being permitted to take their desk PC when they leave. We ghost a new image onto the drive which takes care of the possibility of recovering data afterwards. The PC's were supplied to us by our corporate sister company with a licensed Windows 2000 CD per machine. More commonly a corporate license, so many machines per site is in force. Corporate license OS may not be used outside the company. Individual license such as ours is a different matter. Each machine leaves with its own licensed CD as supplied. We believe this to be perfectly acceptable. Alec Wood
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#11 Posted : 30 June 2004 18:54:00(UTC)
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Posted By John Murgatroyd It's based upon knowing people who have been given, or purchased, used computers from their employer. Including one relative who is an associate member of an international consultancy. All of their firms removed the fixed disc and destroyed it. I myself purchased a second user pc, from a german car sales outlet, which had had the files deleted from the drive. Using norton utilities I quite happily un-deleted loads of files. Including some extremely erotic personal mail. And LOADS of sales figures. If you want to take the risk on the software, go ahead. Bearing in mind that loads of it constantly "talks" to the home site for it. Not to mention spyware, which lets everyone know what you're running.
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#12 Posted : 01 July 2004 09:57:00(UTC)
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Posted By Mike Miller If giving computers away (free) is a problem, then it drives a coach and horses through the principles of environmental waste legislation such as (reduce, reuse, recycle) Also does it mean that we cannot give old equipment to schools? If not we have been endorsing the practice on this forum for a long time. Are we not taking this just a tad too far? Mike
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#13 Posted : 03 July 2004 12:11:00(UTC)
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Posted By John Murgatroyd I haven't lost anything, least of all the plot. This is a forum of occupational safety and health. Worry about people, not about liability. Loads of people on here would do better to learn how to use google properly. Or join a union... Union member = 90,000.00 Insurance company = -90,000.00
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#14 Posted : 04 July 2004 09:52:00(UTC)
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Posted By russell calderwood Colleagues An excellent number of 'feedbacks', which I know has helped me gather a better understanding of 'laptop' & other equipment disposal issues + offered a few diverse opinions on 'related' subjects. The value of the IOSH 'chat' forum(s), are the openness of communications / learning / helping - benefits, which are open to one and all on an equitable basis. Even if somebody offers a contrary view - I am willing to listen / read and learn from their views. I may well still disagree, but then it is my, and I repeat - my, problem, how to convince them of the validity of my view. And hopefully, we will reach a consensus - otherwise democracy rules and the majority vote counts. I hardly ever contribute - I find i do not need to because so many valuable and excellent views are tendered. Why am I contributing now - because I value greatly - all the contributions; thus I am offering a vote of thanks, from the silent majority, to you all. Best regards Russell Calderwood 'Health to the Fore and through Safety comes Quality'
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#15 Posted : 05 July 2004 08:20:00(UTC)
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Posted By Ron Young John, Don't worry, the counselling will work eventually.
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#16 Posted : 05 July 2004 08:34:00(UTC)
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Posted By Alec Wood Time for a powder and a long lie down I think. John, the issues you complain of us discussing are some of those which we do face every day. While I would agree that in the example you cite the important thing is the IP and how he became to be injured. Unfortunately issues of company confidentiality and such like may limit our freedom to fully discuss these issues. In the most part these are easy right/wrong issues, liability however is much harder to apportion in many instances hence its discussion at length on this forum. It is perhaps a sad reflection of our times that this thread is even here, when a company wants to benefit its staff but has to think about issues such as liability, instead of just safety. We live in "cover your backside" times, so don't be surprised to see people on here, me included, collectiong the odd layer of extra armour from time to time. All that aside, John and others, perhaps one of you would like to start off a thread discussing an accident we could all learn something from. Alec Wood Samsung Electronics
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