Rank: Forum user 
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I wonder if anyone could help me here. It has been known for my employer to dispose of obsolete equipment by donating it to various organisations. Equipment may range from specialist vehicles to ancilliary equipment. The equipment gifted has always been adequately maintained and fit for its designed use at the point of disposal. A recent case involving the MOD has raised the question of liability if injury or worse occurs involving the equipment. Would we have legal responsibilities as a supplier e.g if we had modified the equipment?
Would appreciate any feedback
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Rank: Super forum user 
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A recent case involving the MOD has raised the question of liability if injury or worse occurs involving the equipment. Would we have legal responsibilities as a supplier e.g if we had modified the equipment?'
Alan, in my opinion the employer would be deemed a supplier pursuant to Reg 6 HSWA, whether the equipment was modified or not, but arguably more onus would be on the supplier if it had been modified without providing adequate information on the modification for the end user.
The supplier should ensure, SFAIRP, the equipment is fit for purpose and adequate information is provided for the use, maintenance and cleaning. Furthermore, health and safety information should be provided for the dismantling and disposing of such equipment. That is how I interpret the aforementioned Regulation. Perhaps others will also give their opinion.
Ray
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Rank: Super forum user 
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A lot would depend on who modified the equipment. An Ambulance trust may well purchase a particular make and model of vehicle and then send it to a specialist firm to be modified to their own spec.
As the Ambulance trust is only specifying what is required, not how it is to be achieved, the responsibility would lay with the specialist fitters (assuming their competence to carry out this type of work had been previoulsy established). In fact, depending on the nature of any failure, it may also lay with the original manufacturer of the vehicle.
A lot of old emergency service vehicles end up being used by voluntary organisations.
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