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#1 Posted : 07 April 2009 17:27:00(UTC)
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Posted By stian We are a charity and one of our volunteers came in to ask if we can lend him a hammer drill to do some work on another organisation's site. The work has nothing to do with our charity. I refused to give him any tools as I think we could be liable if he has an accident. I told him that I need to ensure that he has sufficient training, instruction and supervision before he can use these tools.I'm I correct?
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#2 Posted : 07 April 2009 18:00:00(UTC)
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Posted By steven bentham May be I did not understand your question but is the information and training you have given him at your charity not good enough?
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#3 Posted : 07 April 2009 18:34:00(UTC)
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Posted By Raymond Rapp mmm...not as simple as it may first appear. The borrower is not using the tools for which they have been purchased for, or rather the location. Well, it is not unreasonable that you should show some concern. However, if they are simple hand tools I think there is little to be concerned about. I expect someone will mention PUWER and the employer's duty...yes, we know this imposition. The reality is, on building sites tools and equipment are often 'borrowed' by others and even if they are not, very few checks are made on operative's hand tools by the main contractors. Finally, in a worst case scenario if the borrower was injured due to using the tools would the regulators prosecute - no, would he have a civil claim - no, at least highly unlikely.
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#4 Posted : 08 April 2009 08:45:00(UTC)
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Posted By steven bentham probably the same risk of legal criminal action as getting a 2nd hand Blackberry that has not been properly disinfected!
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#5 Posted : 08 April 2009 09:16:00(UTC)
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Posted By stian Just want to ad that this person has not recieved any training or instruction in the safe use and maintenance of power tools.
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#6 Posted : 08 April 2009 09:16:00(UTC)
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Posted By SteveD-M Product liability - Difficult subject. You will have the lowest level of duty as technically the 'Supplier' of the goods. The manufacturer/importer etc has the highest duty under S6 HSWA. That means you are responsible for defects and maintenance along with training as already described. If however this is in a domestic context this doesn't apply.
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#7 Posted : 08 April 2009 11:40:00(UTC)
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Posted By paulw71 You will never see them again.
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#8 Posted : 08 April 2009 11:50:00(UTC)
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Posted By Tabs Stian, you wrote "Just want to ad that this person has not recieved any training or instruction in the safe use and maintenance of power tools." Therefore you are correct - we all have a civil law duty of care, and the fact that you recognise this defficiency means that if you lend them out to him, you breach your duty.
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#9 Posted : 08 April 2009 12:23:00(UTC)
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Posted By Raymond Rapp Tabs I think that takes the civil law duty of care too far. Need to be sensible here. If an adult person wishes to use hand tools there is an assumption that they know how to use them. the concept of volenti non fit injuria springs to mind. Ray
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