Good Morning

A simple one, but i would be interested to hear your views, what the legal stance is with regards to liability if there was an accident with an employee or visitor to the workplace that used equipment bought in from home by an employee, something simple for example like a microwave, kettle or fridge.  

Historically staff have bough tin microwaves, toasters and kettles and although we PAT test electrical equipment we haven't provided it.  Does it make a difference and is the staff member bringing in the equipment also exposed to a personal injury claim if they provided it?

Thanks

Andrew

Hi  Andrew

To add to what Tony has said, no sensible solicitor would advise their client to spend much time on taking action against a worker who had brought a bit of domestic kitchen equipment into the workplace, when they can sue the employer when something goes wrong.

One has insurances and resources, the other has only their home (if they own it) and whatever is in their bank account etc.

Now, suppose the microwave is very frquently used in the workplace, it might easily not be designed and sold for such use.

It's a bit like going in to B&Q to buy a stepladder. The one which is fine for use at home may NOT be fine at work. Different usage, even different British Standards.

Bad example given EN 131 is the standard for ladders in two classes Professional and Non-professional.

Domestic kit may be fine for the home, possibly at a push a small office anything beyond that and it really needs to be purchased to fit its intended duty.

To be honest the low cost of such white goods it would benefit the employer to purchase them and then have control of the guarantee.

Originally Posted by: chris42

Extract from INDG244 Workplace health, safety and Welfare

Where provided, eating facilities should include a facility for preparing or obtaining a hot drink. Where hot food cannot be obtained in or reasonably near to the workplace, workers may need to be provided with a means for heating their own food (eg microwave oven).

So, the question is not who is liable, but why do employees feel it is necessary to bring these items in that should be provided by the company? 

Chris

I have seen loads of places where people bring thier own equipment in even though there is a sandwhich shop just next door. Usualy down to cost, but you could argue its not needed under workplace regs.

PUWER obviously applies to work equipment, so if the making of lunch is not a work activity it may not be covered, then there is always a question about do the people using it know its not provided by the company. To be honest ignoreing the potential for actual legal requirements, i have found  if people want to heat up food in the workplace, the cost of providing a microwave and adding it to your electrical safety system is uslay so insignificant its easer to provide than to keep trying to remove the stuff people bring in.

Good question, which we all come across (this not unusual situation). I agree with the many replies, especially 'why does the employee need to bring in their own equipment?'. The reality is, if its operated at work, it becomes the employers responsibility to accept it and ensure suitable to use, or not accept it and provide an alternative solution.  In adition, the employer must question and provide sensible guidance on acceptable use e.g., is there a reason why your infra-red heater is warning your feet and cloth bag under your desk?  Hope this builds on others points of expereince.