WORKPLACE - 16.06.2010

Is it OK to lend our ladders to contractors?

Dilemma

Contractors will often arrive without the right equipment, and as you’re supposed to check that they’re working safely, sometimes you’re going to face a dilemma - you spot some obvious safety problems. However, you know that if you stop the job, it will cause a delay while they collect, buy or hire the necessary item of equipment. The situation is also likely to cause ill-feeling between the contractors and your company, something you can do without. Meanwhile, you may have a perfectly suitable practical solution in the form of your own ladder, tools, etc. So should you be tempted to lend them yours?

Real issues

The contractor’s employer is responsible under the Health and Safety at Work etc. Act 1974 for ensuring that their workers have safe work equipment and a safe method of work. If you step in and provide an alternative ladder, you’ve taken away the employer’s opportunity to ensure that the equipment is suitable for the job, is in a safe condition, that the workers are trained to use it and that they apply a safe system of working. In other words, you take these responsibilities on yourself. That’s potentially bad news for many reasons, e.g. you don’t know the workers, you haven’t risk assessed their work, you’re not in a position to supervise them and your insurance probably won’t cover you.

For example

A recent case highlights why you should be cautious. A contractor, Philip Parcell, broke his back, fractured his skull and sustained nerve damage to his face after plummeting between decks of a client’s boat. The company which owned the boat was prosecuted for providing an unsuitable and unsafe ladder for the contractor to use.

Solutions?

In an ideal world, you’d prevent this situation arising by having perfect contractors who wouldn’t put you in this position. Or you would have the time to cope with the delay whilst they sort themselves out with the right kit. But assuming that you haven’t much choice, if you’re confident that the ladder you’re going to lend is in good condition and is suitable for the task, then it’s possible to go ahead and lend it with minimal liability. Yes, you’ll retain some responsibilities, but these can be taken care of.

Tip 1. Any loaned ladder should be in excellent condition, and a record should be made to show that someone competent in your organisation has checked it beforehand. You can use a ladder checklist for this (see The next step).

Tip 2. Obtain confirmation from a responsible manager within the contracting organisation that they’re in agreement to them borrowing your ladder in order to resolve the situation. The ideal candidate for this is the contractor’s site manager or supervisor.

Tip 3. Ask the contractor to confirm in writing that they’ve inspected the ladder and it’s suitable for the job; for example, you could ask them to countersign the checklist.

For a free sample ladder checklist, visit http://healthandsafety.indicator.co.uk (HS 08.20.06).