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Posted By MICHAEL T
We are currently working in someone else's premises. They are using our telehandler to move and load our equipment. Do we have any obligations to check licences or to see if the correct RA/MS's are in place?
Regards
Mike
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Posted By Dave Merchant
Difficult... under PUWER you are "supplying" the equipment to the other company, who is in turn supplying it to their workforce (the fact the employer isn't standing there doesn't matter in law). If you act as a supplier then you only have the obligations of making sure the equipment is safe, inspected and legal (as you would if you were a hire company). It's the employer of the person using it who is responsible for the training and RAs, but if you know that these are inadequate then you have an obligation under HASAWA to notify people about your concerns.
In short, borrowing stuff between companies is a legal nightmare. Best not to bother.
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Rank: Guest
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Posted By Chris Harrison
the fact is that they should have checked all your documentation, it makes perfect sense that if somebody else is using your equipment then you should also check theirs.
it sounds like you missed the bit at the start where you both meet and agree who is responsible for what?
in short check them if nothing else to confirm that the person is trained to operate that equipment or else you are in effect authorising any body to operate your machinery/equipment! and that would definitely have knock on effects for liability, people only ask after an incident has occurred, by then it is to late to check it.
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