Work Equipment is the employer’s responsibility

Work equipment is a broad term covering a wide range of things. It includes ladders, scaffolds, cars, tools, machinery, etc. Regulation 5(1) of the Provision and Use of Work Equipment Regulations states:

“Every employer shall ensure that work equipment is maintained in an efficient state, in efficient working order and in good repair.”

Work Equipment is the employer’s responsibility. This is an absolute duty (placed on the employer). Note: it does include the word “so far as is reasonably practicable”. In line with many aspects of health and safety, prosecution can be made on the state of affairs and does not have to be related to actual injury. This is made clear in the following case.

In a recent case involving a fatal fall from height, the HSE did not establish that the ladder was the cause of the fall, even though the ladder was in poor condition. The HSE did, however, prosecute the employer (under Reg 5(1) of PUWER, above). The investigation into the death of a worker installing guttering at a home in Llandudno found he was using an unsafe ladder. GK, who lived in Chester, was working at a property in Llanrhos Road in April 2013 when he fell from the ladder, sustaining a fatal head injury.

TP, who runs a roofline products business, employed GK to carry out the work and was prosecuted by the HSE at Wrexham Magistrates’ cour The HSE investigation established that the ladder provided by TP was in an extremely poor state. Although the HSE accepted the ladder was not responsible for GK’s fall, it did have a number of serious safety defects which had the potential to cause serious incidents. Two other ladders provided for use on the job had similar critical defects. The feet of the ladder were worn through, rungs were bent and one was missing. The defects were obvious through even a cursory inspection and made the ladder unfit for use.

TP pleaded guilty to breaching Regulation 5(1) of the Provision and Use of Work Equipment Regulations and was fined £4000 and ordered to pay £4000 in costs.

The court also granted a Forfeiture & Destruction Order for the ladders.

Speaking after the trial, HSE Inspector Chris Wilcox said:

“Although GK’s death was not attributable to the ladder it was in an appalling state and should never have been used.

“All work equipment must be maintained in a safe condition for use and checked regularly for any damage. For ladders, a quick and simple visual check should be done to look for any obvious defects.

“The most common and critical issues are worn or missing feet and damage to the rungs and stiles which are very easy to spot.”