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Posted By Malky 343
Looking for guidance on the legal position regarding liability given the following scenario.
The company I work for gifted gym equipment to the staff via the staff welfare committee, the committee is not part of the company and other than all the members being employees there are no contractual relationship. The company has also allowed free use of an area within the premises to be converted into a gym.
As it stands the welfare committee has no plans for fitness assessments, or inductions into equipment use prior to an individual using the gym.
I have concerns over liability should an individual be injured due to poorly maintained equipment, incorrect use of equipment etc.
Any advice or guidance would be gratefully received.
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Rank: Guest
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Posted By CFT
Malky
There is of course a duty of care owed to anyone having the benefit of 'work' equipment. We run several fitness centres throughout the Group which are available to the public as they are available to all staff, with the latter it is at no cost but one must still participate in an induction by highly trained personnel and be constantly monitored.
It is one of those extremely moot subjects but I suggest that if this kit is for the benefit of staff and available for their use, appropriate training and assessment should be carried out.
I had lunch the other day with a colleague who works in a large corporate situation and he was saying they have a fully equipped gym to use during the day, they used to display disclaimer signs until sadly, someone was very badly injured, since that time they have a trained attendant available throughout the day to assess people and monitor them before they can use the equipment; they were prosecuted by the local enforcement authority.
CFT
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Posted By Michael Hosking
Hi Malky
I have had similar experience with gym facilities at one of our past premsises though luckily I identified the risk and lack of safety management,maintenance user checks/information etc prior to any injury.
The way I addresed this was to carry out full risk assessment/audit of facility and from that implemented/advised local management of wehat had to be implemetned. These were similar to thast mentioned in the previous posted reply.
Good luck and it is easier than it sounds.
Mike
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Rank: Guest
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Posted By Stupendous Man
Malky,
This is a staff welfare committee, whose membership consists entirely of employees, being gifted equipment by the employer, who is also providing space for the equipment to be used.
I hardly see that the employer can abslove their responsibilities simply by saying that the committee is not part of the company.
Or am I missing something?...
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