Posted By Incolumitas
Hi folks

I am in the healthcare sector. There is a disabled lady who lives in an old cottage who would benefit from the use of a hoist, but there is no model available that could either be got into, or used within her bedroom.

Her son is an engineer and thinks he can modify the support legs of an existing type to overcome the obstacles whilst still maintaining safety.

We, the hospital, have a hoist in good working order but which is of a type we no longer use. It is therefore scheduled to be scrapped. We would like to give them the unwanted hoist, as there is no way they can afford to buy a new, bespoke piece of equipment.

Bearing in mind that this will be a private user in a private home, so PUWER will no longer apply, opinions are requested on the best way of transferring ownership without transferring any liability. We can also bear in mind that IF we took the hoist to a scrapyard, the engineer would be able to go along and salvage anything he wanted, and build a modified hoist without any comeback on us. So all we want to do is cut out the middle man, ie the scrapyard.

Posted By Adam Hammerton
As the hoist is lifting equipment LOLER will apply, in particular Reg 9(4)

- Every employer shall ensure that no lifting equipment -

a) leaves his undertaking; or
b) if obtained from the undertaking of another person, is used in his undertaking,

unless it is accompanied by physical evidence that the last thorough examination required to be carried out under this regulation has been carried out.


So as a minimum you'd have to ensure that a thorough examination was carried out. You'd also have to make sure, from a civil (and moral) perspective, that the goods were fit for sale, had suitable instructions on use, etc.

To be honest, if you're in any way unsure, the easiest way would be to utilise a 3rd party as they would then take on any liability.

Hope this helps

Adam

Posted By Steven
As i understand it you are "giving" the hoist to them therefore there is no "selling" involved. Ownership of the hoist would be theirs and they would then have to ensure that they keep within any regulations that apply. As a personal item to them i don't know of any regs that would apply but i may be wrong.

Steve

Posted By John Mackessack
The key word is 'supply', whether you give it away or sell it.

Posted By Incolumitas at home
Thanks all for your opinions. They have been very helpful and I think we are going to let them have the old hoist.