Q: We are based in NSW and provide ‘Rope Access’ services in the industrial shutdown and maintenance industries. Recently, casual employees have purchased their own climbing equipment with the intention of using it on our projects.

In the past, we have provided all the required equipment and subjected them to a rigorous testing and inspection regime prior to use.

Are we responsible for the employees’ personal equipment inspections, logs, etc, and would we be liable if their personal equipment failed and there was an injury (or worse) as a result?

A: In general terms, the duty of care is imposed on your business to ensure that the equipment used by your staff is safe for use.

As such, if you allow staff to use personal equipment, then you have to be satisfied that it is safe for use.

Please note: The answer is correct at the time of publishing. Be aware that laws may change over time. Refer to Plant safety for current advice.