Rank: Forum user
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Hi,
I work offshore on a vessel that provides several bits of gym equipment. I have been asked to draft a quick Liability Disclaimer. The vessel does no induction of equipment. I’m under UK, IMO and ILO standards.
Any comments, direction would be grateful.
1. Anyone using the Gym Room does so at their own risk. +++++++++++ accepts no responsibility for injuries, however caused, neither loss nor damage of personal property which a user of the facility may take with them into the room.
2. The rule is that personnel train with at least one other person in case of injury or illness. Personnel are recommended to have some form of medical insurance to cover injury. Information on insurance matters should be referred to an insurance broker. Personnel are advised that it is the responsibility of each individual to ensure that he or she has achieved such levels of fitness and general health as will allow the use of the Gym Room without injury or accident.
3. Personnel must ensure equipment is fit for use before using. Any faults must be reported immediately a member of the management.
4. The Gym area is to be left in a clean and tidy state.
5. In the event of an accident normal +++++++ regulations are to be followed.
6. Any member who circumvents the procedures designed to prevent this rules being broken does so at their own risk.
7. All personnel must sign the Liability Disclaimer form once before using the Gym.
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Rank: Super forum user
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You provide it, so surely you should maintain it and take [at least some] responsibility for the equipment and the area in which it is used?
Personal [private] medical insurance organised and funded by the users - that seems particularly inappropriate and rather heartless, and probably unworkable too. For example, does that include evacuation from your off-shore vessel? That seems to be something that you cannot possibly turn away from and should take an active part in, not simply hand it over to an insurer who may then expect to do things in a way that is not your own way. But you are not paying for the medical assistance, so how can you lay down rules and simply stand back from it all?
With those issues alone, it really seems like you have no real regard for your staff. Take the easy route and just take away the equipment, though I guess you still want them to stay fit to help you toward a nice healthy profit!
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Rank: Forum user
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Thank you Ian
I agree with you but without any legal reference or precedence I’m unable to put your argument forward. Even if I do spit my dummy out!!!
I’m asking for help not an ear bashing!
Many of the items have been donated this questions ownership.
I’m a third party in this, so just provide the best service I can.
I did think about the Occupiers liability act but could not find any relevant information.
Heartless leaves no ambiguity in sick or injury benefits.
Any injury sustained on the vessel we would have a duty of care to evacuate.
I use the equipment myself and would not like to see it removed simply because we are too lazy to find a solution.
So before this turns into a Bun fight could anyone with any real points and experience please help.
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Rank: Super forum user
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Most disclaimers are not worth the paper they are written on, you cannot disclaim away the liability you owe to another as the provider of premises and equipment. As an employer the same rules apply to the gym equipment as to any other work equipment - it must be fit for purpose.
Meanwhile, some sensible and proportionate user rules and guidance is not inappropriate, but not including personal insurance, etc.
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Rank: Super forum user
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Well, it's *Your* daft even if the ownership lies with the employer.
At the imminent risk of mixing metaphors you keep spitting, at least until that dummy hits the fan
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Rank: Super forum user
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Sympathies, Thomo - I see where you're coming from. You really want the facility to remain available, but want to be sure you've done the right thing from a safety point of view.
You can't sign away your responsibilities so you need to find ways to comply.
One of the main things you'll need to do is show people how to use the equipment, and have some kind of inspection / maintenance system in place. This is a good thing though, cos if you don't give instruction you'll only get people who already understand gym equipment using it and none of us fatties will feel welcome (which is probably the opposite of your goal!).
Why not identify and designate some experienced people, get them together with the manufacturer's / suppliers input and agree a gym induction to be given by them to anyone using the equipment (instead of your liability disclaimer) - enough designated people so that there's always at least one on board. Pay these people something extra, or swing something else their way, and get them to carry out regular checks on the kit. The manufacturers should be able to supply you with safe usage instructions. You might find that there are annual / monthly / whatever maintenance tasks that need some training to carry out, but better to find that out now by asking than in court after someone is injured.
I have no experience with offshore situations or even gyms (not even sure whether your stuff is under PUWER or not, and it's too late to start checking!), the above is only a suggestion for questions to ask.
Good luck
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Rank: Super forum user
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Can you confirm the rigs status; as if it is in international waters different things apply than if it is in UK waters and only then under certain circumstances noting that UK 'shore' based ideas do not 'gell' the same in international areas nor in other countries waters nor if the vessel is at sea [floating rig under masters control when acting as a ship as against drilling which is outside a normal ships activities etc.]
All the above said 'common sense' and logic are world wide things so some liability by the installer, maintainer and USER etc is present, however enforcing liability etc is a completely different thing and the act of putting up a notice in the first place may bring with it some sort of liability plus rig masters do not want staff unnecessarily injuring themselves as it then costs the rig $ so they would want good kit installed
NB: In my day we did that much very hard work in any one 24 hour period [started at 04:00 till 06:00 then did 12 hours then worked till at least 20:00 and did not enjoy the 2 on 2 off facility for most of my time] we did not have the time, inclination, nor left over strength to go to a gym after a shift! - How things have changed and the job has obviously gotten lot easier
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Rank: Forum user
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We have a gym, and it was expected that I do the induction....!!!
Not any more, they now get a sheet not a disclaimer but an 'induction sheet' with some stuff for users to think about prior to use, happy to send across if it helps.
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Rank: Forum user
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I'd suggest 4 things.
1) Request usage instructions from the original manufacturer, to help you draw up some guidelines.
2) Ask the original manufacturer for the maintenance schedule for all equipment, plus their recommendations regarding essential repairs, and how those are to be carried out
3) Speak to your Insurers/brokers regarding your liability.
4) Ask for seasoned gym users to help out with training, and provide some kind of incentive for any who come forward.
It's a bit worrying how your employer wants to absolve themselves of all liability, and to be frank, I doubt they'd be able to.
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Rank: Super forum user
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Thomo wrote: I did think about the Occupiers liability act but could not find any relevant information.
Unfair Contract Terms Act 1977 section 2:
• You can’t exclude liability for personal injury or death which results from your negligence.
• Exemption clauses have to be reasonable. If the court thinks the term in question is unreasonable, that term will be void.
• You can’t exclude liability for defective goods supplied to a consumer (that is, a non-business user).
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Rank: Forum user
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General rule of thumb - disclaimers may buy you some kind of mitigation from an insurance standpoint but have no value whatsoever regarding H/S legal duties.
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Rank: Super forum user
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Thomo
Maybe if you could show the link between maintaining health and fitness and reduction in the sickness/absence rates...may help to squeeze some maintenance bits for the kit.
Talk to your medic for some help in getting a well person bit around the fitness kit...there will be lots of justification around cardiovascular..put some instructions together as suggested already and maybe try and get them either to sign they have read it or something of that ilk..
Hope this helps..:)
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