Posted By Jim Walker PUWER applies, regardless of tool ownership. It is unlikely in the event of an incident that the employer would escape liability for faulty tools. The employer should be in control of all work activities, I sugggest you take control ASAP.

Posted By fats van den raad Yep.. agree with Jim wholeheartedly. Can tell you from experience that the employer is responsible even if tools belong to employee.Ether buy new tools or put system in place where employee tools are inspected and tested on a regular basis

Posted By Mark Darmody Simon Strict Liability in respect of Work Equipment. Follow all the previous advice. Regards Mark

Posted By fats van den raad The answer to that really is yes, the employer is responsible. Here's the scene. Tradesman suffers hand injury when screwdriver handle breaks under pressure while he is using it. Investigation shows that screw driver is at least 20 years old with wooden handle that have worn away, split and splintered through the years. Employee told to take all similar equipment home and to replace. It is part of contract of employment is to supply own basic tools. (there is a tax deduction for this as well). What we as a company have done is to specify that tools must be of a certain standard and fit for purpose. I have actually carried out toolbox inspections, where we inspect employees tools for damage, etc. and agree with the employee which tools will be replaced by the company, and wich tools they will replace themselves. Criteria for this is normal wear and tear, they replace, damage specifically work related, company will replace. That way we keep control over use of "home made "tools as well as ensure standard of hand tools.

Posted By s.micklewright Thanks everyone, I am on the case. Simon

Posted By Merv Newman Simon, tried to send you a tool box audit check list. Something wrong with your e-mail address. Send me an e-mail and I will send it as a reply to yours. Anyone else interested ? Merv

Posted By Andy Stokes Couple of thoughts to add to the debate: 1. Staff using their own cars for work purposes - seem to remember a Post Offce case where they were deemed not to have adequate systems for checking the vehicle used by their employee was suitable for the job, or indeed insured for work purposes. Response of a previous employer was an annual check of MOT certificates for all cars used by employees on business plus a copy of the insurance certificate. 2. We have a part-time employee (annual 3 month contract) owns and works on the neighbouring farm. He works for us for just these 3 months, and supplies all his own equipment - tractor, flail mower etc. When discovered the staff ask if we are responsbile for an accident if its caused by poorly maintained machinery, when all the kit is his. Unfortunately I believe we would be, and in fact we would be better off dealing with him as a contractor than as an employee as we cannot hope to be responsible for checking or indeed providing such kit. Have I missed something?

Posted By John Childs The HSE publish a free leaflet available for download from their website that pretty much covers it: http://www.hse.gov.uk/pubns/indg291.pdf

Posted By Paul Oliver Are your staff direct employees or sub-contract labour? If you sub-contract work out for maintenance purposes then you would expect the tradesmen to supply all their own tools. In this respect you would ask to see copies of recent PAT records and visual inspection checklists. regular audits can be used to inspect tools for defects, where defects are identifed then the tool should be removed from service. However if your maintenance staff are direct employees then you will have to suppy suitable work equipment, with all of the above still applying with regards to visual inspection prior to use and PAT at suitable intervals accoring to the working environment. I would also recommend that all electrical tools are a min 110v. Paul