Posted By Blue Does the above act forbid employees from bringing in their own work equipment - and if they do and an accident happens (for example an employee has his own ladders in work which are a bid dodgy) would his employer be liable for any injury? Cheers, B

Posted By Phil Grace Blue, Interesting query: I agree with the previous poster.... but you might want to look up Couzens v T McGee (Court of Appeal [2009] EWCA Civ 95). This case concerned a piece of metal that was used by a truck driver for clearing muck off tyres. The driver kept it in the door pocket and alleged that a vehicle accident - speeding/overturning - was a result of him being unable to remove his foot from accelerator pedal because his trouser became caught on the homemade tool. The case was based on a breach of PUWER. The CoA supported the lower court and held that PUWER did not apply unless the existence and use of the homemade tool was specifically known by and accepted by the employer. The way I read that is that there could be circumstances where the existence/use of homemade tools could incur a liability. As for the example quoted - use of ladders - given that there are specific regulations about this type of work then have thought there was a breach of the WaH Regs for starters. Phil

Posted By Raymond Rapp The ELDE Act allows for redress in the event of a workplace accident which is attributable to neglect on the part of the employer or defective equipment. I am not aware of anyone using the powers conferred in the Act in recent times. Probably because of PUWER and that a civil claim can cite breach of statutory duties or negligence, in effect, making the Act redundant. I believe this Act came about following an accident in a education establishment (science lab) and at the time the law did not adequately confer liability or redress. Hence the common law was codified into statute civil law.