Rank: Forum user 
|
Quick question,
with regards to HAVs what are you thoughts on employees who have purchased and are using their 'own' tools, no reimbursement from the Company either....
The company currently does not provide tools and the tools are required to enable the employee to carry out his job
|
|
|
|
|
|
Rank: Super forum user 
|
Hi
I would suggest if it is work the employer requires them to do, then you have a duty of care.
You need to assess the risks and eliminate them or reduce them to an acceptable level.
Here is a link to the HSE advice page. http://www.hse.gov.uk/vibration/hav/
|
|
|
|
|
|
Rank: Super forum user
|
The employer has all the HAVs, noise and all the other laws management duties where they have PAYE employees working directly for them additionally depending on the control situation even self employed and agency staff can fall under the employers remit . Where a companies employees are controlled by others the duties may fall to the controller
|
|
|
|
|
|
Rank: Forum user
|
Wot Bob said..
It may be best for the company to supply these tools so they have a better control over what is being used in the workplace. Not only from a HAVs perspective, but in the case of electrical tools, an electrical safety perspective as well.
Having recently undergone a study into the tools our depots have we discovered that in most cases the cheaper the tool the shorter the exposure limit.
The HSE has guidance and a great HAVs calculator at http://www.hse.gov.uk/pubns/indg175.pdf
|
|
|
|
|
|
Rank: Super forum user 
|
SPR, you don't give us much to go on! It would be helpful to know what sort of tools and something more specific by way of a question. However, I suggest that as far as most if not all of the duties under the 'vibration regs' goes, who buys the tools is largely irrelevant. Happy to be corrected though.
|
|
|
|
|
|
Rank: Forum user
|
With regards to the employer providing plant and equipment for their employees to do a job all you need to do is look at some case law;
Wilsons & Clyde Coal V English and in your case Taylor V Rover Car Company.
Then again you also need to look at the HASAWA Section 2.
The nub is, employees must not use their own tools at work! If you have employess doing this, stop them and remove the tools.
With regards to HAV. Your company will be liable if employees are using their own tools.
It doesn’t sound good what you are describing!
|
|
|
|
|
|
You cannot post new topics in this forum.
You cannot reply to topics in this forum.
You cannot delete your posts in this forum.
You cannot edit your posts in this forum.
You cannot create polls in this forum.
You cannot vote in polls in this forum.