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Posted By Gerry Wilson
This is one for all you local authority buffs. It concerns the need to maintain equipment which has been provided to special needs persons in their own home.
I think this has been rumbling around for some time, but I would like to have an updated view if possible.
The situation is this. Social Services provide a stair lift and or a patient hoist for an individual in their own home. The main purpose is to improve their mobility.
Now comes the tricky part. Does such equipment constitute "work equipment" and therefore be subject to PUWER and LOLER.
I know you are saying it is not provided for work therefore not WE. But supposing it is used by home care assistant to help person to get out of bed, or if the carer has to help strap the client into the stairlift does this alter the position?
Does the Council have a duty under H&S Law. Does the Council have a duty of care and therefore a moral duty to maintain such equipment.
Your views will be appreciated.
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Rank: Guest
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Posted By Steve Langston
I know this was kicked about a bit about 3 weeks ago on this forum, can't find the link though!
My perspective -
Depends on who controls the equipment.
Normally Social services provide ceiling track hoists, stair lifts etc for the user and as such have "control of the equipment". It also becomes a workplace when home carers visit and the equipment is work equipment if they use it! Therefore LOLER applies!!
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Rank: Guest
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Posted By Ron Hunter
to find the old thread, search for LOLLER (sic)
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