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Rob E  
#1 Posted : 07 March 2012 11:01:15(UTC)
Rank: Forum user
Rob E

Situation: Member of staff assists a wheelchair user who is not an employee, i.e. visitor, to remove wheelchair from boot of car and then pushes wheelchair user round site ( with some difficulty), before replacing wheelchair in car. This does not form part of an employment contract or is it within a job description, and is done on a 'good samaritan principle'. If member of staff is injured during this activity could there be any liability on the employer?
firesafety101  
#2 Posted : 07 March 2012 11:17:10(UTC)
Rank: Super forum user
firesafety101

Yes. From experience I know pushing a wheelchair can be very difficult and if an inexperienced person does the pushing there are many hazards to encounter. The wheelchair and user need to be assessed and the pusher has to be fit. Hazards include Running into other people with the front of the wheelchair, potential for damaged ankles and feet. Tipping the user out of the wheelchair, forward or backwards, Strains from lifting the wheelchair into and out of the vehicle, Stress for the user from being pushed around by an inexperienced person, believe me I have been there both sides !
safetyamateur  
#3 Posted : 07 March 2012 11:55:42(UTC)
Rank: Super forum user
safetyamateur

Rob, I'd say that, if the employer knows the activity goes on and doesn't prohibit it, then they pretty much condone it and accept/control any risk that goes with it.
Lisa Boulton  
#4 Posted : 07 March 2012 12:19:03(UTC)
Rank: Forum user
Lisa Boulton

I agree with the other comments made, and would suggest that in terms of Civil law then this would be vicarious liability. The other thing to ask yourself is how does the disabled visitor normally get their wheelchair in and out of the car, and are they able to self propel their wheelchair, was it necessary for the employee to assist? If this is likley to be a regular occurrence then as risk assessment should be carried out to ensure that all precautions are put in place and no-one is put at risk. You need to balance employer liability against the needs of disabled visitors so that they are able to easily access your premises if this is the case.
Ron Hunter  
#5 Posted : 07 March 2012 13:06:10(UTC)
Rank: Super forum user
Ron Hunter

I would counter the majority of responses thus far and suggest that the individual is essentially acting on their own violition, however, if there is some feature of the premises which makes accessibility difficult and could give rise to injury then civil liability could arise. Not on an employer/employee basis though. The good employer will have already had an accessibility assessment of the premises carried out.
IanF  
#6 Posted : 07 March 2012 15:30:12(UTC)
Rank: Forum user
IanF

We actually had a very similar situation at one of our sites, where a wheelchair user needed assistance - this went as far as helping get their wheelchair out of the boot, assemble it and move it to the driver's door, so they could slide themselves onto it. There was no physical lifting of the person, although the assistant does help wheel them into the site. I actually attended and watched the process, and allowed this, as there were mitigating factors, such as: - the wheelchair was easy to assemble and there no lifting of heavy/awkward parts - once assistance was offered, this was all on a level surface - automatic doors/use of lifts etc helped to smooth the travel from point A to B. I think the issue is that you state 'with difficulty' - perhaps watching the process can help suggest easier ways to achieve the same result?
User is suspended until 03/02/2041 16:40:57(UTC) Ian.Blenkharn  
#7 Posted : 07 March 2012 15:39:27(UTC)
Rank: Super forum user
Ian.Blenkharn

What happened to courtesy and care for those less able? Deal with it, graciously, and be thankful you're not in the predicament of severe disability
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