Posted By Stuart Nagle
An interesting subject and in both reactions to the problem of defective ladders there appears to be merits, albeit expensive if you're going to bin ladders each time they have a small defect which is repairable.
In my own opinion, if the ladder is within the warranty provided by the manufacturer an unauthorised repair by anyone other than the manufacturer would invalidate the warranty, as would be case with most other manufactured goods.
however, on the other hand, when working offshore, its not practicable to pop it back to jewsons and say look what the jewson has happen to my new ladder!!
In any case of defective work equipment, it would seem that there are two elements of maintenance and state of repair that apply. That to which a specification may apply (e.g. it cannot be used if not repaired to a certin standard, and inspected, tested and calibrated). In which case any repair may need to be of a certain standard in order for the work equipment to be satisfactory for purpose,. and that which is defective for use due to a defect and requires repair before use, but to which no set standard for repair applies, so long as the repaired item is repaired well, inspected by best practicable means and is certified safe for use.
It would seem to me that engineering workshops all over the UK (and probably further afield) are regularly engaged in repairs to ladders, where they can be safely and satisfactorilly repaired that is, and I would summise that as long as the engineering repair is sound, and certified by a competent person as safe to use, then there there is no specific problem that arises.
Liability for injuries to employees will lay with the employer if work equipment fails due to the the fact that the work equipment was not fit for use or a repair undertaken was not done adequately, so as to make the work equipment unsafe or inspection of a repair was not carried out by a competent person etc... Not the retailer who sold it, unless it was defect due to a manufacturing fault, which would appear not to be the case.
Therefore, in summing up, my personal opinion would be Ok to use if repaired adequately and inspected by a competent person.
If repaired and inspected by someone not deemed as competent (someone who has not been trained and is inexperienced), then problems may arise in that the duty of care to provide safe work equipment may not be being met, and hence an incident/accident may have no defence.
I would suggest the following action:
1) training in ladder use and inspections for all staff involved in use and repairs
2) records of use
3) records of repairs made
4) records of ladders certified fit for use following repair by competent person
5) ladders ditched when condition of ladder is such that further sensible repair not viable.
Stuart