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Posted By huw snell
I'm dealing with a claim where a window fitter was using a set of lightweight portable steps at a customers house when they allegedly collapsed. There is the possibility that they we erected on sloping ground outside the house.
They are clearly marked as suitable for lightweight domestic use only and specify a weight limit of up to 95kg.
Would the steps be classed as suitable and sufficent under reg 5 of PUWER.
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Posted By Jane Blunt
Have a look at the HSE leaflet advising window cleaners
http://www.hse.gov.uk/pubns/misc613.pdf
You may draw some useful information from it regarding the suitability of the steps.
Regards
Jane
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Posted By Alec Wood
Hi Huw
In my experience, the insurers are likely to give up the claim. Domestic ladders are only rated to about 15 stone. If the window fitter plus the weight of the window he was lifting into place, plus the tools on his belt exceeded the 95Kg weight limit for a Class 3 ladder then their collapse was "reasonably forseeable" which is generally the criterea they use when deciding if they will seek settlement or fight.
I notice that you do not specify who provided the ladders. Were they borrowed from the customer or provided by the employer? If borrowed, that would strengthen your case, but only if more suitable ones were available and you can prove that the fitter's training would have made him aware of this. If provided by the employer then smacked wrists all-round! Domestic step-ladders are unlikely to see in a year the same amount of use that an industrial one sees in a week, and their construction (and cost) reflects this.
Alec Wood
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Posted By Mike Miller
Who supplied the steps in question? Is the fitter self employed? Was he subcontracted to you?
I had a scenario recently where An operative borrowed steps from a client to access a loft. Steps collapsed and the operative came crashing down and landed on the client causing serious bodily damage (broken arm) Result is HSE all over like a rash and we have a mega claim pending for personal injury.
You must supply the equipment and it must be checked and certified safe for use and marked and recorded. If you supplied the ladder and it did not conform then I would say that you are in deep trouble.
If the operative was contracted to and he supplied the ladder you are still responsible and still in trouble.
If the ladder was borrowed from a client then you are in even bigger trouble and your insurer will enjoy talking to you about your next premium.
It is never worth the risk but we all do it from time to time. However as sods law says it will happen and god help us when it does.
For safety sake buy a proper ladder!
Good luck Bud
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Posted By peter gotch
Huw
Looks to me like your client is on a hiding to nothing if they try and defend unless industrial step ladder sitting outside on van when injured party chose to shortcut and borrow client's own lightweight ladder.
The case law on "provide" eg Finch v Telegraph Construction and Maintenance Co Ltd relevant to this one.
However, in any case how could the victim safely fit windows whilst working from ANY stepladder. Can't ensure the general principle of having three points of contact with ladder ie two feet, one hand etc since will need two hands to manoeuvre the window (unless of course mechanically handled throughout operation - unlikely - or most work done from inside so only on steps to do eg sealing when already positioned - somewhat more likely)
Other respondents....Huw [see his email address!] appears to represent the insurer who may or may not wish to refuse future cover or zap up the premiums. Not his problem to buy a ladder for his client.
Regards, Peter
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