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Posted By Catherine Ince
Can anyone point me in the direction of some case law relating to faulty equipment being bought from a DIY store and used for a work purpose? Or am I imagining that I heard of such a case?
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Posted By Alan Hewett
Catherine,
Not sure of any case law but I think this was the subject of a previous NEBOSH Dip 2 module B question, the answers for which explored potential civil and criminal consequences and was summarised in the examiners report.
If I get chance I'll try to find out which year the paper was.
Regards,
Alan
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Posted By Smurfer
wasn't there a case involving royal mail and a bicycle?
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Posted By Stephen
Generally domestic ladders are not suitable for work purposes. Industrial ladders will be class 1, relating to the load they can take, duty cycle etc. Relevant standard is BS 2037:1994.
Ladders should be checked before use and put out of service if found to be faulty, repairs are not usually satisfactory unless you can repair to manufacturers standards. Not something we can usually achieve.
I cannot recall a case involving domestic ladders used for site use, but there are plenty involving faulty units etc.
As an aside, wooden ladders are not allowed on sites since they usually fail the required standards and are often repaired.
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Posted By Alan Hewett
Smurfer,
The case you are referring to is Stark Vs Post Office I think.
I believe it dealt with PUWER (that the bike was classed under PUWER as it was a piece of work equipment) and therefore the need to maintain it under such. The brake arm failed (snapped) and the fault leading to that was not detectable, leading to injury, but the requirement of PUWER was absolute.
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Posted By Catherine Ince
Thank you all - I've found what I was looking for and it was a diploma question, not a case! It at least gives me the pointers I was looking for.
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Posted By Ken Taylor
I recall an incident in pre-Work at Height Regs days when a school caretaker used a DIY store lightweight domestic ladder to access a loft and it collapsed under him causing injury. Like most of these incidents it was settled between the parties involved and never saw a courtroom.
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