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Subject: Re: Employer Liability and borrowed tools Posted on: Sun, 27 Apr 2008 10:08:44 +1000


"Snapper"
>
> Where I work we are allowed to borrow tools for personal use at home, but
> within reason. Examples, borrowing big drills, welders and other powered
> and non-powered hand tools.
>
> However, word is that this practice may soon be stopped. There are
> concerns about liability issues. We were discussing this at brew time at
> work.
>
> There's also the issue of people breaking them while using them at home,
> but that's another matter.
>
> Now, if I'm using say, a jackhammer to break up my driveway, if the thing
> fails and either I or say, someone walking past is injured, could the
> employer be exposed to a lawsuit either by me or the passerby, based on
> the allegation that the employer lent out a faulty tool?


** Yep - and their public liability insurance likely does not cover such
an eventuality.


> Secondly, and this applies to Victoria, can Worksafe or does Worksafe have
> authority to enter private property if an inspector sees someone working
> in a dangerous manner, say, hanging off a crude and dangerous scaffold
> while cleaning his gutters?


** The legislation only talks about " workplaces " PLUS employers and
employees and the self employed when at a workplace.

So a householder doing their own handyman work is not covered.


> This was brought up in the discussion about the borrowed tools thing and
> that if someone was injured badly enough that police may become involved
> and as a part of that Worksafe was called in.


** The police would become involved if there was a fatality OR a serious
injury to some person who was not using the tool.




...... Phil