Posted By jason preston
We have a situation at work where people take such tools as disc cutters home for personal use. How would the company stand if someone injures themselves at home with any of the equipment?
Would giving them a safety briefing and a signature for them being trained stop anyone claiming against the company?

Anyone any experience of this.

Posted By Pugwash
Perhaps there is a chance that an employee could make a successful claim against the company if there were an accident at home while using equipment taken from work. However I feel it is worth asking, what is the risk of a claim?

I think that, in this case, the risk is low and that is one you could live with. In return you get happier employees and you are not labelled as one of those health and safety people who want to ban everything.

I think this goes to the heart of the what we mean when we talk about sensible health and safety - accepting that there is a level of risk which we should be prepared to accept.

Posted By Saracen11
Hi Jason. Pugwash, there is no perhaps about it. The 'no-win-no-fee' people are testament to this!

Imagine the partner of the deceased, wanting to blame someone for the loss of their loved one (a natural part of the bereavement process) finding out, a drill with an electrical defect 'killed' them... Do you think they are less likely to claim compensation because the accident happened at home using the same drill that was used earlier in the day at work?

As a Safety Practitioner, if I said this is acceptable in the case of an employee wanting to use a 'works' drill at home... What argument could I use when matey wants to borrow one of the mini-diggers to dig a trench - at home? The principals are the same...

The employer is liable for work equipment and how it is used, this includes where is it used and how.

Has nobody found the case law yet?

Regards

Posted By Pugwash
Say we had someone who wanted to take a laptop computer home for the weekend. His own computer at home was broken and he said he needed a computer to finalise the accounts for a local organisation of which he was the Hon Treasurer. Should I say no, because, if there was an electrical defect with the laptop, he might be injured and claim against the company? I think I would say yes and accept the risk.

OK, this is lot further along the risk spectrum than the electric drill, the disc cutters and the mini-digger, but I think it helps illustrate the point that blanket prohibitions do not work. You need to look at each case on its merits. If someone uses a disc cutter as part of their job, I would not have a problem with them taking one home if they asked first. On the other hand, if one of the office staff wants to borrow one, I would want to think a little more about it and would be minded to say no. I think the real issue is not a health and safety one but rather the question of whether the person is likely to bring the equipment back in the same condition as it was when they took it or is there a reasonable chance that it will get damaged. This will determine my response and it will be nothing to do with health and safety.

Even if we can summon up the case law which Jason asked about (and good effort there Ian), will it really help us to decide what to do? Just because someone was once successful in the courts with a claim because he cut his leg off with a chainsaw he borrowed from work, does it mean that never again should an employer lend items of equipment to employees to take home, even if they are competent to use them? I think we need to be less risk averse. Stuff happens from time to time! We cannot prevent everything - although some of us sometimes try.