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Posted By ebh
Hello,
I'm looking for a little bit of advice regarding the use of PPE.
We have a wood workshop within our building where we also have studios for rent. The company has employees who are employed to look after the work equipment and as such are required and supplied with the necessary PPE. However we train and allow our studio holders to use our equipment- such as a panel saw. All of our equipment complies with PUWER regulations and is fit for purpose.
My question relates to the use of PPE by the members who use the wood working equipment. In our regulations and health and safety policy we state that all users must wear appropriate PPE.
For example the mandatory minimum PPE on the panel saw is safety glasses and ear defenders. I know as an employee of a company I and other employees must wear these when operating the panel saw as stated by HSE.
Does the same rule apply to the people renting studios from us? I've been having quite a few incidents where they refuse to wear the stated PPE. Most are also self employed.
Thanks,
Euan
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Posted By Merv Newman
It's your equipment, you can make any rules for use that you fancy. Including standing with one leg in a bucket of cold porridge (slight exageration there)
All you have to do then is enforce your rules. And supply the porridge if you consider it to be appropriate PPE.
Remembering that if anyone gets hurt they will sue you.
Merv
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Posted By Raymond Rapp
Euan
A difficult one to give an unequivocal answer. Basically as it is your premises and equipment you are responsible for people using it. They also have a duty to to ensure their own safety. Therefore you are quite right to ensure users adhere to your PPE requirements. But..and you knew it was coming, if people choose not to wear PPE, short of asking them to stop using the equipment there is little else you can do.
From a civil law perspective they would have very little substance should they be injured and make a claim if they chose not to wear PPE. Just make sure users are provided information on safe use of equipment and it is backed up with suitable signage.
Ray
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Posted By holmezy
Ebh,
your game, your rules!!
Although the studio people aren't your employees you still have a responsibility to look after them when they are on your site using your equipment. You should treat them the same way as you do your own employees in many respects. If they don't conform, prohibit use.
Holmezy
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Posted By Phil Rose
Euan
you may have a statutory duty under S4 HASAWA. I suggest that you set your 'rules' for the use of the kit, provide a written copy and get the user's to sign for having read and understood. Back that up with an appropriate sign and if you become aware that suers aren't following the 'rules' then take action and if necessary prevent further use.
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Posted By Tom Doyle
Euan
This is an interesting question. Presumably the PPE policy is in place as a result of a risk assessment that has been completed. My question to you is: If PPE is not used as a part of the risk reduction strategy what level of residual risk is there as an outcome of the risk assessment process?
As Merv pointed out, "if anyone gets hurt they will sue you" (It sounds as if you are located in the US). As the responsible party are you in a defensible position considering that you know that the workers are not using the required PPE? I suppose that if you are willing to let this situation continue then you have already accepted the risk of litigation.
I have come across a similar situation in the past. The end result was prohibition of the work.
Good luck.
Tom Doyle
Industrial Safety Integration
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