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Posted By Richard Beevers
One for the lawyers.
A charity lends power tools to it's clients in order for them to carry out DIY in their homes.
(They charity also carries out DIY with it's own staff - all well managed, with appropriate risk assessment, training etc.)
All equipment is regularly inspected and maintained, correct use is demonstrated, and appropriate PPE is issued with the power tool.
My question is - what duty of care to the client does the charity have? If the client mis-uses the tool, or doesn't use the PPE, in the privacy of their own home, would the charity be found negligent? Does anyone know of any relevant case law?
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Posted By Richard Chalkley
I do not know of any case law but would this be similar to hire shops such as HSS?
Richard.
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Posted By Richard Beevers
I don't think so (hence the question). HSS etc. hire tools out as a commercial undertaking, and there is a commercial contract etc. Also they generally hire tools to employers for their employees - with the clear duties that go with that.
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Posted By Catman
Hi Richard
I think you will find the hire shop in general has a very similar level of duty to the charity.
Hire shops often hire to private individuals and ensure the same things as you would on lending.
Unless the charity is lending to clients who fit into a distinct group, who may be at additional risk due to their situation or condition, or you have prior knowledge of an individual who should not be using these items and lend them anyway, I cannot see the difference.
However, I would not condone (as hire shops do) hiring equipment such as chainsaws, gas fitting equipment or any similar equipment involving specific training unless evidence of training is shown.
I am happy to be corrected by the lawyers on here though as I am but a humble safety practitioner.
Cheers
TW
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Posted By Bill Parkinson
Agree with TW in that the issues are similar to hire shops. You will need to ensure that your documentation is spot on to demonstrate that you have taken all reasonable steps.
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Posted By Ken Dickson
There is a distinct difference between the hire shop and the charity. The hire shop is covered by Section 3 of HASWA, the charity is not as it is not lending the equipment as part of its undertaking, but a duty of care is still owed.
If I, as an individual, lend a neighbour a faulty power drill, knowing it to be faulty, and that fault causes injury to my neighbour, I have breached the duty of care and would be liable in common law. If the power drill is not defective, and my neighbour misuses the power drill that is not in my control. Nor do I have a duty to ensure he knows how to use the drill safely. This I think would be more the position with the charity loaning equipment, to a client or otherwise.
We should also possibly be cautious of the use of the word “client” relating to charities as it might be misleading.
All, of course, unless you know different.
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Posted By Richard Beevers
Ken,
I partially agree. The charity's 'undertaking' is to assist it's clients (homeless or badly housed people who don't pay for the services) in gaining better housing - lending the tools is part of it's undertaking, but the work is carried out by those it seeks to help.
I do think a duty of care is owed, but not as high a duty as to employees, nor as little as to the man in the street. Exactly how and what to do to ensure that duty has been fulfilled is doing my head in.
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Posted By Alexis B
Hi Richard
I agree, lending the tools is part of the Charity's undertaking and their 'clients' or 'service users' will be trusting the charity to provide safe equipment.
Presuming it's all tested and labelled, the risk assessments for the charity's own staff or volunteers will have led to instruction in safe use of the equipment. For each piece of equipment have them draw up a simple single sheet of instructions for safe use. At the top of the sheet have a statement saying the equipment has been tested for safety before issue.
The person issuing the equipment should go through the simple instructions with the individual (including that it shouldn't be lent to anyone else!) and then sign at the bottom to confirm this. As the instructions will be left with the client/service user, they could sign in a book to confirm these have been issued to them.
Don't let 'duty of care' do your head in. It's just doing what's right or 'reasonable.'
Alexis
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