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What are the legal implications of lending power tools to contractors or volunteers?
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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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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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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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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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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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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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Posted By paulw71
You will never see them again.
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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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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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What are the legal implications of lending power tools to contractors or volunteers?
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