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#1 Posted : 09 April 2002 09:11:00(UTC)
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Posted By David Waterton
hi can anyone confirm my assumption on the following. i work for a local authority social work department. I and everyone else regularly get requests via email from staff looking for electrical appliances: cookers etc. to supply to clients who can not afford or access monies to purchase these. Am i correct in the view that if a member of staff accesses theses and pases them on to clients we are responsible for ensuring that they are in good working order and have been tested by a competent person, that if we do not and an injury or fire etc. occurs as a result of a fault in any second hand equipment passed on by our employees we could be held as responsible. Additionally I have been asked if a disclamer signed by the client would get round this. My view on this is no as we can not sign away regulatory duties... advice/ comments would be most welcome.
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#2 Posted : 09 April 2002 21:23:00(UTC)
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Posted By Joe McNicholas
David,

Having carried out house clearances for Local Authorities and Housing Associations, we came across this matter regularly.

One particular LA held microwaves, fires, cookers etc to give out to families who could not afford them from new.

When this matter was raised the LA piloted a project where all electrical appliances where tested (PAT). The Safety Manager for the LA thought that this would be adequate (He was FIOSH).

I'm not in contact with the LA anymore so I can't tell you if the project worked out.

Regards
Joe
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#3 Posted : 09 April 2002 21:29:00(UTC)
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Posted By Stuart Nagle
David.

As the appliance are not for use 'at work' I think that ensuring they are safe via testing would be adequate, and a certificate of test supplied with each appliance detailing the test and the competent testing company/contractor etc.

If however the appliance were for use 'at work', they would need to be supplied 'as new' with all instructions and accompanying details (as if bought new).

I understand this to be the case, unless anyone know different...

regards...

Stuart Nagle
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#4 Posted : 10 April 2002 09:17:00(UTC)
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Posted By Ken Taylor
I also believe that you are correct. If there is any payment involved, there would also be a duty to trade safely. The disclaimer would probably be considered unfair or an unfair contract term. Additionally you should be seeing that the items meet the relevant consumer protection regulations. You could also try asking David Jenkins at RoSPA (0121 248 2000).
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