Can i be made to to use damaged lifting equipment at work

Question

I work in engineering and all the chains at work are damaged and stretched also all the safety clips on the hook s are mising .The boss says they are ok so use them or go. what can i do i dont want any bother but i dont want to get hurt

Answer 1

Wesley is right, but also under current H&S Regs.not only does your employer has a duty of care to his employees,you have a duty of care to yourself and your workmates.If an accident occurred whilst using the equipment you would not have a leg to stand on,maybe literally.  

Answer 2

You are equally at fault as your boss, if you use the equipment. You are breaking the law and can be prosecuted.

Answer 3

I think the phrase is

"knowingly carrying out an unsafe act"

You should not "refuse" you should decline, if you use the equipment knowing it is faulty,and you get injured or injure some one else you will be liable for damages.

Answer 4

UK answer.

The responsibility to "inspect" the chains is the user, as defined by the LOLER Regulations.  To use damaged equipment is illegal and YOU can get prosecuted.

Chains etc have to be "examined" by an engineer every 6 months under LOLER, and to not do that is also illegal, and the employer can be prosecuted.

If you are being pressurised to break the law, ring your local HSE office.  They will do a "random" visit and issue an Improvement Notice, requiring the chains to be replaced.

Answer 5

All lifting gear including slings and chains, chain blocks ets, have to be certificated that they are in good conditionand fit for use, so tell your boss hes ic breaking the Health and Safety at Work act by using defective equipment.

If he fires you you for refusing to use them telephone the Health and Safety Executive immediately and ask for an inspector to visit the premises.   He is also not insurred if he used defective equipment should there be an accident  

Answer 6

As I see it your choices are:

contact OSHA. But that's a government agency and they may move very slowly.

Go up the chain of command in your company. Start with the safety officer, or the personnel office, or your boss's boss.

Quit

Go to the newspapers

I can't judge the seriousness of the problem without a lot more details.

.

Answer 7

pick up ur telephone directory and in the front couple of pages will be the number for HSE. ring them and explain the situation (anonymously)  they will come and condemn the kit if it's dangerous.

don't use it if you don't think it's safe - that's common sense

Answer 8

The rules may be a bit unclear, but if your workplace in unsafe, you can report your employer to OSHA. They even have a hotline: [phone]-OSHA

Think about it this way: if you are harmed on the job by continuing to work in unsafe conditions that are likely to harm you, you will face much more difficulty earning a living in the future as a disabled worker. Don't tolerate grossly unsafe working conditions.

Answer 9

Don't use them, I used to work with a ventalation company and the boss never gave us any safety harnesses but told us us to climb out onto just the scaffolding poles 200 ft up with the piece of air duct and then bolt it on, he said if we didn't we would be sacked, at the time I did it, looking back thinking about it, it was crazy one slip and I would have been dead and the boss would then deny he told us to do it. Remember to take Pictures and notes of the equipment and if the boss try's to sack you over it then you can take him to a tribunal, you will win no problem especially if you have proof and details

Answer 10

it is never safe to use any form of lifting equipment id it is damaged, weaken or for anything other than its original design use. you must also remember that each person is responsible for their own safety

Answer 11

i agree with lisa-jay,, why train people to hse standards then ask them to ignore things like youve mentioned,,, think of what your family would do at home while your in hospital without money because YOU used faulty gear  

Answer 12

You don't say what country you are in, people in a lot of places use the English Yahoo!Answers.

In the US you don't have to use the equipment, there are there a lot of people you could report to, at the federal, state and possibly local level,. Not only are there people to report it to, it is illegal for  your employer to retaliate against you for reporting them. If they do you have grounds for a civil action against them. But that is in the US, while most industrialized nations there are probably similar options, that is not the case in ALL countries.

Answer 13

I agree with Wes - only a couple of extras, it depends if the slings are being used for lifting or recovery use (recovery being pulling an object along a flat even surface-and slings should be marked for recovery use only).  Lifting use requires a birth certificate and or an overload test certificate within last 4 years.  Your employer should also have a register of equipments and a daily before use register-this allows you the user to check the integrity of the equipment you use.

Ask to see this to check the safe working load (SWL) of the slings in respect to what you are lifting.  Your employer should also have a fault reporting system so enquire about this - makes you seem keen rather than awkward.  Also the slings should be marked up in accordance with EU regs and or factories Act, Should have date tested on,SWL and as a minimum.

Any more Q's drop me a line.