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bluewater  
#1 Posted : 02 February 2013 15:27:36(UTC)
Rank: Forum user
bluewater

Guy’s

I work on an offshore oil and gas installation.

Presently we are preparing to change out all of the Gym Equipment we have onboard (i.e. running machines, cross trainer, free weights and weights machines etc)

A number of personnel have asked if they can have the old equipment for use either at home or in their local gymnasiums/boxing clubs.

I am not keen on this simply due to the fact that if an injury occurs due to a fault occurring with any of the equipment we are disposing of, the company may be exposed to legal redress.

The equipment itself is not working equipment per say. However if an individual onboard the installation were to be injured whilst using it, the incident would be classed as a workplace injury.

Is there any legislation or case law I can consult which would assist my justification for putting this equipment beyond use other than PUWER?

Any assistance will be greatly appreciated.
bluewater  
#2 Posted : 04 February 2013 08:47:46(UTC)
Rank: Forum user
bluewater

C'mon guys, 51 viewers and no one able to assit me or comment???
damelcfc  
#3 Posted : 04 February 2013 09:32:29(UTC)
Rank: Super forum user
damelcfc

I can't think of a good reason why I would not let them have it......
Clairel  
#4 Posted : 04 February 2013 09:40:15(UTC)
Rank: Super forum user
Clairel

TBH it's not really a H&S issue in my opinion. Not within the realms of H&S law anyway.

Why not let them have it for home use? Why do you want to put them out of use? Seems a bit mean IMO.

I'll have a cross trainer if you've got one and I promise not to sue if I hurt myself on it!!!!
Melrose80086  
#5 Posted : 04 February 2013 09:46:37(UTC)
Rank: Forum user
Melrose80086

I'm with Claire on this one. Can't see any reason why it would cause any problems unless the machinery was clearly broken when it was passed on (so you knew it could cause injury when used and hadn't disclosed this fact but again, not sure how that would stand up in a court of law).

I'll have a treadmill thanks.. ;)

(won some sports equipment just after christmas so have the free weights, resistance bands and waiting on delivery of a step so the treadmill would mean I could shed those extra pounds while staying dry indoors!!)
damelcfc  
#6 Posted : 04 February 2013 09:47:00(UTC)
Rank: Super forum user
damelcfc

and I'll have the free weights!
Jake  
#7 Posted : 04 February 2013 09:59:36(UTC)
Rank: Super forum user
Jake

Common sense needs to prevail.

Exactly how would you be liable?!

Reaonsble duty of care satisfeed with you checking the equipment not obviously defective.

Let them have it.
Phil Grace  
#8 Posted : 04 February 2013 10:01:58(UTC)
Rank: Super forum user
Phil Grace

Bluewater,
I guess that the lack of response may be partly due to there being few people who have encountered such a situation and a lack of any guidance and/or case law to clarify the situation.
Speaking from my position (Liability insurance) I know of cases where firms employing contractors/subcontractors have ended up embroiled in the aftermath of an accident. For example being jointly prosecuted by the HSE and then, in turn finding themselves having to contribute to the civil compensation claim.
But I do not think that helps in your case. There will be no formal contract between you and the persons(s) to whom you donate this equipment. However, it might be decided that there was an implied contract. Doubtful in my opinion but possible.
I think that could only arise if there were some defect in the equipment at the time of donation. I would suggest that if an accident arose from some defect in the manner in which the equipment was installed (presumably not by you!) then you should be safe from blame. Similarly, if at some later date there was an accident from some failure (in the equipment) or misuse e.g. due to lack of supervision or instruction in correct manner of use then again I would have thought that you should be “safe”. If for no other reason than the separation in terms of time and space… it was all long time out of your control. Remember that in order to a claim to be made against your there has to be an allegation of negligence. You did something that the reasonable person (in the same position) would not have done OR failed to do something etc.
So, make sure the equipment is in good order, maintained etc. Hand it over with all manuals, instructions etc. But secure a signature covering acceptance of all that you are handing over and accepting that you are not responsible for installation, future maintenance, instruction for users etc. It may be simpler to send it to the tip!
These are my views – I may be wrong and no doubt other people may have alternative views.
Phil
DNW  
#9 Posted : 04 February 2013 13:18:03(UTC)
Rank: Forum user
DNW

Not sure if I'm missing something here.

If someone hurt themself whilst using the equipment where it is now, how does that constitiute a workplace injury? If they are in the gym training they are not at work (or are they being paid to keep fit?), and the gym isn't a workplace. The equipment is not work equipment so it does not surely have anything to do with PUWER. Presuming the employer provided the equipment you would hope they would have the common sense to maintain it but is it a legal obligation? I bet there's a caveat there somewhere e.g. at your own risk etc.

As for giving the equipment away, I agree with others.....let common sense prevail. If it was work equipment then you would have to ensure it was safe to use before giving it away or selling it.

DNW
Phil Grace  
#10 Posted : 04 February 2013 14:14:52(UTC)
Rank: Super forum user
Phil Grace

DNW - I may be wrong but I think the issue was not that there might be an injury that could be regarded as a workplace injury but that there could be liabilities under civil law.

Phil
RobertWebster  
#11 Posted : 04 February 2013 15:34:55(UTC)
Rank: New forum user
RobertWebster

Or you could sell it for a quid as SCRAP? Bob.
kevkel  
#12 Posted : 04 February 2013 15:59:11(UTC)
Rank: Super forum user
kevkel

Robert is quite right. Sell it for a pound "sold as seen", as many cars etc are sold. No comeback on the garage if the engine falls out two miles down the road!
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