Does anyone know if you would be insured or could claim compensation for an accident at work if you were using equipment that was not supplied by the company.
The reason I ask this is because a driver where I work has brought in some short ladders for us to use for climbing in and out of the trailers, he’s put a short ladder in each of three trailers which seems to be fine as far as the other drivers are concerned, but my opinion is that it’s up-to the company to supply this type of equipment not the drivers
My main concern with this situation is what would happen in the case of an accident involving one of these ladders.
I know the chances of an accident are small but given that it’s not company equipment would you be insured if you slipped of the ladder or was accidentally knocked off it, where would you stand on the question of claiming compensation from the company for an accident involving this ladder.
I can imagine the company saying “it’s not our equipment and we never told you to use it so stick your claim where the sun don’t shine”, but could they take that attitude ?
Anyone have any thoughts or experience of this type of situation ?
H&S would prob say not insured as they have to be cleared by them as safe and fit for the use of.
Have a look at the following
Its a case study from the H&S… hse.gov.uk/fallsfromvehicles/cs13.pdf
A risk assesment should be carried out before the use of equipment
tachograph:
Does anyone know if you would be insured or could claim compensation for an accident at work if you were using equipment that was not supplied by the company.
As to being insured? An employee is always insured whilst performing duties on behalf of an employer.
Could a claim for compensation be refused or reduced as a result of using ‘unauthorised’ equipment? Is a different question. And the answer would vary according to the circumstances. As to the example mentioned, much would be determined as to the ‘anti-slip’ properties of the feet of the ladders and the type of ground upon which it would be used. If we were talking about muddy or boggy conditions, then the system illustrated in the link would be appropriate but, otherwise it might be OTT.
Whilst we have trailers with a ‘pull out & drop down’ system of steps, I never use them on the basis that they do not allow easy reach of the built in ‘hand holds’ on the rear of the trailer. Perhaps it goes back to the days when I did a bit of ‘Rock Climbing’ (and only a bit) but I far prefer to grab a firm hand hold, then with one foot on the under run bar, step up onto the non-slip material affixed to the ‘bump bar’. And the same on the way down.
At one place I recently visited, they ‘rolled out’ a little staircase affair with a hinged gate at the top. Not wishing to appear ungrateful, I duly commenced to ascend such structure until, finding that it was on ‘uneven ground’, I descended and reverted to my ‘tried & trusted’ method.
Had an injury subsequently resulted, then I could fairly state that I had explored their ‘preferred’ method and had deemed it not acceptable on the basis of safety.
I’m sorry but, too much is made of the question as to ‘am I insured?’, rather than the question of, ‘is this a safe way of working?’ The answer to the latter being, and will always be, subjective.
black knight:
a) somebody bought you a ladder to help you in your work and you are already thinking of sueing them!
sums up this country
b) dont use the ladder
Welcome to Trucknet, just what this place needs is another idiot who can’t read
tachograph:
but my opinion is that it’s up-to the company to supply this type of equipment not the drivers
You are correct. It is either up to the employer or the delivery or collection location to provide ladders to get up onto the back of the trailer if they’re not fitted. It is against H&S rules to jump on and off trailers and several years ago, MFI were fined £10,000 for not providing steps at the RDCs for the drivers to get on and off the back of the box trailers for the purposes of unloading them.
We have electrict pallet trucks in someplaces your supposed to be signed off to use them.
Agency drivers arent, but at a drop the choice between using old fashioned pallet truck or electric one, you know which option is going to be picked espec moving heavy pallets.
One driver jammed his hand again the railing to secure bars and straps on a fridge ripped it open, he was refused any type of compensation since he wasnt signed off to use the electric pallet trucks.
Here is the answer to the problems of access but although the cotton wool industry is booming it worries me where it will all end. Stannah Stairlifts on an FH or Daf 105 perhaps.
We work in a risky environment, an average of 140,000 km per year brings it’s own risks. I don’t want to crawl up chimneys again and I am a lot happier since I got rid of the last bout of rickets but we should be grown up enough to spot danger.
We don’t normally risk anything that is obviously dangerous like testing that the fuse is ok with a wet finger in a 13amp socket or looking for a gas leak with Swan Vestas, so do we really need three health and safety bulletins and a risk assessment to catch a bus.
If the HSE want a vote of confidence from me, then let them get involved in the issues surrounding truck parking and toilet facilities for drivers. Let them carry out a risk assessment on the dangers of a Hungarian truck driver having to park in a known crime spot loaded with computers or TV sets.
Sorry mate you can’t park on site, you cannot sleep in here, you are not allowed a hot drink, you cannot use the telephone, and drivers are not allowed to use company toilets. it’s elf an safe tee innit.
It’s getting beyond a joke now and when will it all end■■? this country is a joke and has become laughing stock to our European neighbours who still seem to be able to make decisions for themselves, their is often German and Dutch drivers delivering to a factory that i load from and they are amazed and often find it hard to take in the stupid rules and regulations that we are expected to follow, they seem to spend more time making the job more difficult and time consuming than consetrating on getting their goods produced, loaded and delivered on time!!!
As for the ladder question come on is this what its coming too, while you are thinking am i insured what happens if i fall two foot can i make a claim??
I am thinking what a thoughtful colleague i am working with hopefully by the time i am sixty i wont be needing a new knee or a hip replacement!!!
At the other end of the scale and far from uncommon i used to load unhazardous chemicals from a warehouse in Scotland whom would not let you past the gatehouse without Full protective gear, overalls, saftey glasses, hard hat, boots etc, each Tonne bag or pallet had to be strapped and every tilt board in place and sealed before we left, i would then drive to Italy and the italien fella unloading us in his shorts bear chest and trainers often with a cigarette in his mouth would complain as he couldnt understand why we had strapped every pallet and whinge at the time he was loosing from his work waiting for us to take them off!!!
No one is considering suing anyone … well I’m not anyway.
The point is that it should be up-to the company to supply that sort of equipment used at work not drivers, by the way I neither need it nor use it so the question wasn’t necessarily about me personally
The only reason for the question was to try to clarify the situation if anyone did have an accident as in my opinion it’s a little to late to ask after the event.
Just for the record I also believe that H&S has gone too far but I also believe that only a fool would not try to understand where he stands in the unlikely event of something happening.
As usual people here are too keen to misunderstand a simple question and read what you want into it, but if I’d posted that someone had an accident and the company was worming their way out of responsibility because the equipment wasn’t supplied by them some of you would be winging about drivers supplying their own equipment
Yes you’d be insured. A ladder is for climbing up heights and thats what its being used for. You’d of already done your own risk assesment when deciding to use it. I think its immaterial who provides it. I’ve never been provided with safety boots, but i have them and i wear them when neccesary, if i get injured whilst wearing them i still expect to have a valid claim irrespective of who supplied them. I would pretty much think the only time you aint insured at work is if you do something expressley forbidden.
but I far prefer to grab a firm hand hold, then with one foot on the under run bar, step up onto the non-slip material affixed to the ‘bump bar’. And the same on the way down.
Not wishing to appear ungrateful, I duly commenced to ascend such structure until, finding that it was on ‘uneven ground’, I descended and reverted to my ‘tried & trusted’ method.