Rank: Super forum user
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Just a quick one.
Would anyone consider a cardboard box used as transit packaging to come under the above regs?
Thanks
Andy
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Rank: Forum user
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Regulation 2:
“work equipment” means any machinery, appliance, apparatus, tool or installation for use at work (whether exclusively or not);
Its packaging which I don't believe falls within any of the above categories.
Others may disagree
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Rank: Super forum user
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Rank: Super forum user
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Thanks Gents.
According to a solicitors letter we have just had regarding a claim- It is now!!
Fun and games
Andy
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Rank: Super forum user
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DNW wrote: Regulation 2:
“work equipment” means any machinery, appliance, apparatus, tool or installation for use at work (whether exclusively or not);
Its packaging which I don't believe falls within any of the above categories.
Others may disagree I would say that it depends how the box is used; 'apparatus' is a loose description. If a box is supplied to repeatedly transport a heavy item and then collapses dropping the item on the carrier's foot then the solicitor may have a point. Supposing it was not a cardboard box but a bespoke transit box and the handles failed, I would think the employee would have a claim then.
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Rank: Super forum user
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In the wider context of the HASAWA, the box will be a work article. We haven't established here whether the IP is an employee or some other person. PUWER is stretching things unless (as others say) the article is being used as some sort of repeat use container (as opposed to simply packaging).
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Rank: Super forum user
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It was an employee of ours who cut her hand on a product that was packed into the box. She was removing the products.
The box itself is of standard cardboard construction. No handles or designed for re-use.
The letter from her solicitors states we are in breach of 4 (1) & (2), 5, 6 (2) and 8 of PUWER.
I'm at a loss to see the connection.
Andy
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Rank: Super forum user
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Motorhead - in my experience solicitors quote every bit of legislation they can, whether they apply or not. I can safely say that every single defence solicitor I have been in opposition to in court has known diddly squat about H&S legislation.
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