Rank: Guest 
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Posted By Katiem
Hello All
Can anyone tell me if wheelchairs are covered under PUWER and undergo all the necessary inspection/maintenance etc. Would this count even if the chair was the users own?
Under a risk assessment, how can staff be sure that the chair is "safe" if they have no experience/knowledge of maintenance or inspection of the chairs.
Hope this doesn't seem like a silly question. I have been asked by a number of ppl in the care professions with similar concerns.
Can anyone help.
Thanks in advance.
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Rank: Guest
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Posted By Andy Maguire
If a wheelchair is provided by the employer for use at work, it would then become work equipment, as in a hospital for example. Therefore if the wheels literally "came off" whilst an employee was transporting a patient, the employer would have to be able to prove that it was suitable for the use it was being put to and had been maintained and inspected (check manufacturers guidelines). If an emplyee failed to put on the brakes correctly resulting the wheelchair running away down a ramp, injuring the occupant or passers by, the employer would have to demonstrate that the responsible employee had recieved sufficient instruction, training and supervision.
Not forgetting that a risk assessment must also have been completed as required under the MHSWR.
However an employee bringing in their own wheelchair to transport themselves around the workplace is a totally different issue as it has not been provided by the employer for use at work.
Hope this helps
Regards
Andy
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Rank: Guest
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Posted By Geoff Burt
And yet if an employee brings in a mains radio for use at work - it becomes the employers responsibility!
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Rank: New forum user
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Hi, this is an old topic so I hope some one can still help me. I'm wondering if and how PUWER applies to service users who bring their own wheel chair into a day centre?
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Rank: Super forum user
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Hi this is not a silly question on the contrary its a great question to ask.
Some wheelchairs are provided/owned by the person - in this case its not covered by PUWER, and the wheelchair can be in any condition. However, if your staff are responsible for getting the person into the chair or pushing the chair during support, then a risk assessment must be carried out which should includes the condition of the wheelchair (duty of care).
If the wheelchair is supplied by the care organisation or Occupational Health then it is deemed as work equipment and is covered by PUWER.
The really interesting question is, what do you do if your staff are providing support to push a person in a wheel chair and they refuse to wear the lap belt..... Dilemma continues....
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Rank: Super forum user
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The answer is in Stark v Post Office [2000] ICR 1013.
Jon
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Rank: Super forum user
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First duties under PUWER only applies to employees not service users and secondly Stark v Post office is now dead as it is no longer possible to sue for breach of statutory duty under H&S regulations.
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Rank: Super forum user
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(2) The requirements imposed by these Regulations on an employer in respect of work equipment shall apply to such equipment provided for use or used by an employee of his at work
Correct me if I'm wrong here, does the above requirement [PUWER 1998] mean that 'PUWER applies to the employer where his employees use such equipment at work, irrespective if the employer provides the equipment'
The wording 'or' implies that it applies to equipment that is either provided or equipment that is used (i.e. not provided). So...... The care workers are using equipment (wheelchair) at work, so does it then come under the scope of PUWER?
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Rank: Forum user
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I'm not sure from the original enquiry whether the situation is of interest from the criminal or civil perspective.
There was an interesting case in 2009 associated with the failure of a wheelchair ramp provided by the NHS at a wheelchair users house - Smith (Jean) v Northamptonshire County Council, 2009.
This case went through the court system all the way to the House of Lords (now the Supreme Court), which decided that although the equipment was originally provided by the NHS the employer needed to have control over the equipment before they could be liable under the civil system. So the claimant did not win her case.
The claimant did bring into evidence that her employer had completed risk assessments for her activities at the persons home and was therefore aware that the ramp would be used whilst Mrs Smith was in the course of her employment.
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Rank: Forum user
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It's not just equipment provided by the employer that comes under Puwer. If an employee brings their own equipment, because this is the arrangement, then this too is covered under Puwer. Our employees bring in their own hand tools and all of them come under Puwer as it is used primarily for work.
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Rank: Super forum user 
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In what realm would an employer provide an employee with a wheelchair? If it was for a service user there is no employment relationship so as long as it was still in condition of manafacture it would be fine. Or am I just reading the entire post wrong?
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