WORKING SAFELY IN TREES TREEKIT GUIDE TO THOROUGH INSPECTIONS OF EQUIPMENT FOR WORKING AT HEIGHT. Incorporating:

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1 WORKING SAFELY IN TREES TREEKIT GUIDE TO THOROUGH INSPECTIONS OF EQUIPMENT FOR WORKING AT HEIGHT Incorporating: Personal Protective Equipment at Work Regulations (PPE) 1992 Lifting Operations and Lifting Equipment (LOLER) Regulations 1998 Provision and Use of Work Equipment Regulations (PUWER) 1998 Working at Height Regulations (WAHR) 2005 Page1

2 WORKING SAFELY IN TREES TREEKIT GUIDE TO THOROUGH INSPECTIONS OF EQUIPMENT FOR WORKING AT HEIGHT CONTENTS Page The Treekit Ethos 3 Introduction to Working Safely at Height PUWER 3 LOLER 4 PPE 4 WAHR 5 How Treekit can help 6 Your responsibilities 7 Working at Height Kit that is eligible for inspections 9 How the Thorough Inspection process works 10 How to avoid your kit failing an inspection 12 Charges for Inspections 13 Full Equipment Monitoring Service 13 Contact Us 14 Appendix A Sample Terms & conditions 15 Appendix B Sample Disclaimer for Return of Unfit Items 18 Sample Forms Equipment Summary Sheet Equipment History Sheet Sample Inspection Checklist Page2

3 1. The Treekit ethos At Treekit we are passionate about trees. And that includes being passionate about making sure we are all safe when we re climbing them and messing about in them. We have experts in the field who are fully qualified inspectors and up to speed with all the right rules and regulations. All the information and advice we give you is based on the guidance set out by the Health and Safety Executive Approved Code of Practice 1998 We provide a range of services to ensure your safety; training, advice, inspections and a comprehensive inspection recording system. Take your pick and let us help you to be safe in the trees. 2. Introduction to working safely at height Anyone with responsibility directly or indirectly for Arboriculture work equipment and its use, needs to know about the rules and regulations that refer to them and their employees and how their equipment is used. If you have people working under your control and direction who are self-employed for tax and/or NI purposes, they are your employees as far as their health and safety is concerned. You have a responsibility, therefore, to maintain their health and safety under the Health and Safety at (HSW) Work Act, Lifting Operations and Lifting Equipment Regulations (LOLER), Provision and Use of Work Equipment Regulations (PUWER) and Personal Protective Equipment at Work (PPE) Regulations. 2.1 PUWER What is PUWER? PUWER stands for the Provision and Use of Work Equipment Regulations 1998 (1999 in Northern Ireland). The regulations deal with the work equipment and machinery used every day in workplaces, and aims to keep people safe wherever equipment and machinery are used at work. The regulations aim to ensure that all equipment is: suitable for its intended purpose regularly maintained to ensure safety only used by people who have received adequate training inspected by a competent worker Who does PUWER apply to? PUWER regulations apply to work activities throughout the whole of Great Britain and affect; Employers self-employed people and the equipment they control or use those who are employed to supervise or manage the use of equipment operated by others. It s not just large businesses that are subject to the Regulations if you use or control work equipment, or if you re self-employed operating for profit or not, then you have a legal obligation to follow them. PUWER requires that all equipment used in the workplace is constructed or adapted so that, in the conditions in which it is to be used, it doesn t pose an unacceptable risk to people s health and safety. Page3

4 2.1.3 Further reading To learn about PUWER in more detail, the Health and Safety Executive (HSE) website has a breakdown of the regulations in full LOLER What is LOLER? The Lifting and Operating Lifting Equipment Regulations (LOLER) require that all lifting operations involving lifting equipment, including those used in the Arboriculture industry, must be properly planned by a competent person, appropriately supervised and carried out in a safe manner. It also requires that all equipment used for lifting is fit for purpose, appropriate for the task and suitably marked, with suitable maintenance recorded and defects reported. The Health and Safety Executive (HSE) offers the following advice for businesses or organisations undertaking lifting operations providing lifting equipment for others to use: Where you undertake lifting operations involving lifting equipment you must: Plan them properly Use people who are sufficiently competent Supervise them appropriately Ensure that they are carried out in a safe manner What lifting equipment used by the Arboriculture industry is covered by LOLER? The LOLER regulations cover any equipment used at work to lift anything including people. So the regulations cover all the equipment an Arboriculture worker would use for lifting or climbing. Examples include; Textile components such as ropes and slings Metal components such as carabiners and connectors; and Combined components such as rope tools, friction savers and harnesses Further reading To learn about LOLER in more detail, the Health and Safety Executive (HSE) website has a breakdown of the regulations in full PPE at Work Regulations What is PPE? PPE (Personal Protective Equipment) is equipment that will protect the user against health or safety risks at work. It can include items such as safety helmets and hard hats, gloves, eye protection, high-visibility clothing, safety footwear and safety harnesses. Any device or appliance designed to be worn or held by an individual for protection against one or more health and safety hazards There are 3 categories of PPE: Page4

5 Category 1 Simple: for protection against minimal risks. For example, gardening gloves, sunglasses, protection against temperatures exceeding 50 o C Category 2 Intermediate: for equipment which does not fall into Simple or Complex for example helmets Category 3 Complex: for protection against mortal danger or dangers that could seriously or irreversibly harm health, or against falls from a height, for example, harnesses or chainsaw protective clothing What do the Regulations require? Wherever there are risks to health and safety that cannot be adequately controlled in other ways, the Personal Protective Equipment at Work Regulations 1992 require PPE to be supplied, used or worn. The Regulations require that PPE is: properly assessed before use to make sure it is fit for purpose; maintained and stored properly; provided with instructions on how to use it safely; used correctly by employees. PPE manufacturers have a duty to supply technical instructions on the safe use and maintenance of the equipment. PPE items must all carry a CE mark to indicate their minimum compliance with the relevant European PPE Directive and allow them to be sold in the European Union Further reading To learn about PPE in more detail, the Health and Safety Executive (HSE) website has a breakdown of the regulations in full WAH Regulations What are the regulations? Falls are a major cause of work place deaths and major injuries in industries where work takes place at height. The Working at Height Regulations 2005 were introduced to minimise the risk of these deaths and injuries and apply to the Arboriculture industry. The Working at Height Regulations state that work at height is any height where a person can fall and be injured. The overriding principle of the Working at Height Regulations is to avoid work at height if practicably possible. The Regulations state that if work at height is unavoidable, as in the Arboriculture industry, employers and employees must do all that is reasonably practicable to prevent anyone from falling. Work at height must, therefore, be properly planned, and suitable work equipment selected. All work at height should be appropriately supervised and carried out in a safe manner. Any worker must be provided with appropriate training and instructions. Employers and those in control of work being carried out at height must first undertake a thorough Risk Assessment of the work environment as well as of their equipment. Then then have a legal duty to put in Page5

6 place the necessary precautions to minimise the risk of a fall or injury. This includes ensuring that all equipment to be used is fit for purpose and is being used correctly by employees. This puts a responsibility on the Arborist to ensure equipment is appropriately chosen, stored, inspected and used. Employees have general legal duties to take reasonable care of themselves and others who may be affected by their actions, and to co-operate with their employer to ensure their health and safety duties and requirements are complied with Further reading HSE have produced guidance to help you comply with the law. It can be found here: Summary In summary, there are four different regulations which cover safety issues related to working in trees. Between them, they stipulate the requirement for employers, self-employed people and employees to; Have in place and follow proper health and safety procedures including the carrying out of risk assessments that include selection of appropriate equipment, Ensure equipment is safe for use which includes the requirement for insertion checks, interim checks and regular thorough inspections, Ensure all workers have received adequate training to ensure they can work safely; and Ensure protective equipment is used where deemed necessary by trained users. 3 How Treekit can help The rules and regulations can seem very daunting, particularly if you re just starting out as an Arborist, taking on your first employees, or if you ve simply fallen behind with keeping track of all your kit. Treekit can help. We offer a full range of support and you can take your pick from what we have to offer. From just giving you simple advice to help to get you started, through to taking the whole equipment management system on for you, lock, stock and barrel and leaving you to get on with what you re really about being in trees! 3.1 Training and education We want to spread the word about staying safe in trees and we may even prove that it can be fun. We run a half-day training workshop on Working Safely In Trees where we cover all the essentials. We will tell you the theory and you can have fun putting the theory to the test and be inspired while you work. Our training workshop is 50 per person for half a day and you ll come away understanding what you need to do and why you need to do it. 3.2 Inspections The Regulations require you to have certain bits of kit inspected when they enter service and at regular intervals during their lifetime. Part of the inspection process is about keeping comprehensive records so that there is a clear paper trail to tell its story. This may seem like hard work at first, but your insurance company and the HSE will need to see it in the event of an accident. Page6

7 So, when you buy a piece of kit, we can undertake an Insertion Check to start your paper trail off. Once the kit has passed this first check, you must keep the certificate safe, give it your own unique identification number (talk to us first about how to best do this), record the serial number and make a note of when its Interim Inspection is due. We charge up to a maximum of 15 for an Insertion Check depending on the piece of equipment. The kit will need to be inspected regularly to ensure its continued safety and compliance. We can undertake all your Thorough Inspections whenever you need them. We will give you copies of reports for your records and remind you of when your next inspection is due. We can do this for one piece of kit or for all your equipment. We charge 40 per hour for inspections. Read more about Inspections in Section Advice and consultancy We know how hard it can be to stay on top of this stuff and how daunting it can seem when you re starting out or having to catch up. We offer advice and consultancy on the whole gambit of working safely in trees. Why not pop into the showroom or give us a call and one of our Inspectors will talk you through how this works. Alternatively why not book one of our half-day slots, either out on the job with you and your team, or in our interactive showroom surrounded by all our gear to inspire you. 3.4 Working Safely in Trees full Equipment Monitoring Service If you decide that your passion for treework outweighs your passion for paperwork then let us take the pain away and manage the whole thing for you. We offer a full Equipment Monitoring Service so that you don t have to. From Insertion Checks and creating your kit record, to reminders for Thorough Inspections, ongoing record maintenance, and generally keeping you on top of the whole thing. Read more about our Full Equipment Monitoring Service in section 9. 4 Your responsibilities We want to help you as much as we can. But there are some things you must do that we can t do for you Understanding the Law It is crucial, particularly if you are taking on employees, that you understand the law. By reading this introductory pack you ve made a good start. We recommend you also read: Provision of Use of Work Equipment Regulations (PUWER) Lifting and Lifting Operations Equipment Regulations (LOLER) Personal Protective Equipment (PPE) Regulations Working at Height Regulations (WAHR) Page7

8 4.2 Having your own systems in place Making sure that you understand PUWER, LOLER, PPE and WAHR is just a part of the greater responsibility that you have for health and safety and you need to have the right systems in place to ensure the safety of yourself and those who work for you Risk assessment You have a legal obligation to protect yourself and your workers when working at height, which should be done by carrying out a risk assessment. This should include identifying hazards, assessing how risks can be eliminated, identifying whether special precautions or equipment is needed to minimise risk AND recording all the steps you have taken. This includes keeping records of the equipment you are using and the inspections carried out on that equipment to address risks that are identified Selecting the right equipment Part of your obligation is to ensure that you select the correct equipment that is compatible with the work you are doing to ensure the safety of everyone who uses it including yourself. If you are unsure, feel free to discuss this with any of our inspectors. They will help you identify the right piece of kit for the task Undertaking the relevant training It is your responsibility to ensure that you and your workers undertake the correct training to undertake the work you do at height. This includes training about the equipment you and your workers use that falls under the remit of LOLER, PUWER or PPE Marking your equipment The regulations require that all your equipment is appropriately marked. The HSE advises: All lifting equipment and PPE for Working at Height, including accessories, must be clearly marked to indicate their safe working loads (SWL) the maximum load the equipment can safely lift. Accessories must also be marked to show any characteristics that might affect their safe use Equipment must be marked with a unique identifier number so that its inspection history can be tracked and recorded. Equipment must be marked safely so that it does not affect the integrity of the equipment. If you are unsure how to do this, talk to one of our inspectors who will talk you through what is acceptable and what isn t. 4.3 Maintaining all the paperwork To comply with the law, and to ensure your insurance is valid, you must maintain all the paperwork that goes with your equipment. That means maintaining all the paperwork that relates to; Information about where and when you purchased the equipment Records of Insertion Checks before you start to use new equipment Records of ongoing maintenance checks carried out by you Records of Thorough Inspections carried out by a Competent Person Ideally you should to take all the relevant paperwork with you when you take your kit in for any inspection. Page8

9 The good news is that we can maintain all the paperwork for you. You must carry out your own maintenance checks (see below) but we can help you with keeping records. 4.4 Undertaking your own Interim Inspections or Maintenance Checks In order that you comply with the regulations you must inspect your equipment regularly yourself. Best practice in tree work is to inspect equipment before and after each use and conduct a weekly recorded check. We can help advise you about this and we can help you manage your records. 5 Working at Height Kit that is eligible for inspection Some non-exhaustive examples of the types of equipment and operations that are eligible for inspections when you re working at height include: Metal Karabiners Maillon Rapides Descenders Ascenders Back Up Devices Pulleys Anchor Rings Textile Slings Sit Harness Chest Harness Climbing Ropes Lanyards Rigging Ropes Plastic Helmets 6 How inspections are carried out We carry out two types of inspection: Insertion Checks and Thorough Inspections. You must carry out your own interim inspections and maintenance checks. 6.2 Insertion Checks When you buy a new piece of kit and intend to start using it (and it is eligible for inspection), you must record its serial number and/or give it a unique identification number on your kit list, and have it checked for safe use (an Insertion Check). Talk to us about how to safely label your equipment or let us do it for you. It is important that you do not invalidate your equipment s integrity by labelling with inappropriate methods. You will need to provide us with your company information, the date of purchase, your intended start of use date and your unique identifying number. You can leave the item with us or, if you visit the showroom, we may be able to do the check while you wait. If you buy your kit from Treekit we will supply an Insertion Check at the point of purchase free of charge regardless of the item. Once the piece of equipment has received its Insertion Check, and passed satisfactorily, we can hand all the documentation over to you to manage ongoing inspections or we can retain the paperwork and manage the ongoing process for you. (See Section 9 Ongoing Equipment Monitoring Service). If your equipment does not pass its Insertion Check we will place it in quarantine (see Section 7.2) until we have spoken with you and decided a course of action. This may mean returning the item to the manufacturer, repairing it, replacing a part or destroying it. Our Inspectors are unable to return the item to you until it has passed a further Insertion Check. Page9

10 6.3 Thorough Inspections If your equipment is eligible we can carry out your Thorough Inspections as defined by the Manufacturer s Guidelines. This may be six monthly, annually or any other frequency required. Between the item s Insertion Check and first Thorough Inspection it is important that you carry out the maintenance checks at required intervals and keep records that you have done this. Ideally we will need to see these records when you bring your kit in for inspection. We recommend that you chat with us about your kit before you bring it in for its Thorough Inspection. That way we can advise you about what we need from you and what you can expect from us. We are here to help, so if you anticipate any problems it s important that we know about them before you hand your gear over to us. We are keen that you understand the requirements of LOLER, PUWER and PPE before we embark on the inspection process with you. We recommend that you attend one of our half-day workshops, spend some time with one of our Inspectors or read up on the subject before you hand over your equipment. There are some important things to note when embarking on Thorough Inspections: Providence A Thorough Inspection cannot take place unless you have all the preceding paperwork to hand. Ideally you must be able to show evidence of an Insertion Check and evidence of regular interim inspections or maintenance checks where they are required Cleanliness It is very helpful if your equipment is CLEAN before you bring it for its inspection. You may not wish to pay for us to clean it Helmets We cannot inspect helmets that have stickers on them! A helmet with a sticker is an automatic fail Quarantine If we inspect your kit and, in the view of our Inspector, the kit requires monitoring, repair or disposal we will retain it in quarantine (see section 7.2) until we have discussed it with you, or until it has been repaired or destroyed Safe disposal We are sorry to say that not all kit passes its inspection. When this happens, we have to ensure the equipment is put beyond use, and record who has done this in the inspection records. We will always discuss this with you before you hand your kit over to us and we will always tell you when we fail a piece of kit BEFORE we, or anyone else, destroys it. 7. How the Thorough Inspection process works 7.1 The process If your kit is not already on our system we will need to take your company details and all the relevant serial numbers and identification numbers of each piece of equipment along with their purchase dates, start of use dates and copies of your regular maintenance checks. Page10

11 Once we ve agree the items to be inspected we will run through our simple Terms and Conditions with you so that there are no surprises. (See Appendix A Sample Terms and Conditions) This document ensures that you have understood your responsibilities and are happy with the way that we will look after your equipment and keep it safe and secure. Once we ve both signed up we can proceed with the inspections. We will complete an Equipment Summary Sheet if you are handing over multiple items. Our Inspectors will complete an individual checklist for each piece of equipment. If there are any issues with anything we will record these on the sheet. Our Inspector will classify each individual item as; Good - the item is FIT and has passed its inspection To Monitor the item is FIT and has passed its inspection BUT needs to be monitored (monitoring checks to be carried out and recorded by you) and returned for a further inspection at a stated date To Repair the item is UNFIT and has failed its inspection BUT could pass a further inspection once repaired. Reject the item is UNFIT, has failed its inspection and must be destroyed. Items that have passed their inspection will be returned to you along with a copy of its Inspection Checklist. Items that have not passed their inspection will placed in quarantine until we have discussed the item with you and have decided on a course of action. If an item has not passed its inspection but is subsequently repaired, it will need a new inspection and the process will start again from the beginning. It will be deemed FIT or UNFIT subsequent to the second inspection. Depending on the kit itself and its manufacturer s instructions, it will need to be inspected regularly and your Inspection Checklist will include the date that its next inspection is due. Once you have taken back your gear and received your Inspection Checklist(s) you can continue to monitor records and ongoing inspections yourself or we can do it for you. 7.2 Quarantine If an item of equipment does not pass an Insertion Check or Thorough Inspection, Treekit will retain the equipment in quarantine until a plan is agreed for it to be returned, repaired or destroyed. At Treekit, quarantined items are placed in a designated locked storage area. The inspector will place an item into the quarantine storage area where it can only be removed for three reasons; Return if an item fails an Insertion Check or a Thorough Inspection because is faulty within its warranty period, or unsafe for a reason relating to its manufacture, it may be removed from quarantine to be returned to the manufacturer. In this instance, and in discussion with the owner, the inspector will package and despatch the item safely. Repair if an item is deemed repairable the inspector and the owner will decide between them how/where/when the repair will take place. The item can then be removed from quarantine Page11

12 whilst the repair is being undertaken. If the owner removes the item for repair they will need to sign a disclaimer that they will not use the equipment until it is returned and subsequently passed a further inspection. See Appendix B Sample Disclaimer. Destroy if an item fails a Thorough Inspection because it is UNFIT for further use it can only be removed from quarantine to be put beyond service. The Inspector will destroy the item according to the guidelines relating to that item and dispose of the components safely. Whoever places the item beyond use must be recorded in the inspection record. 7.3 Disposal When an item is to be destroyed or disposed of, this might include; Rope to be cut into unusable lengths and end markings removed Harnesses cut up Rope adjustment devices irreparably damaged e.g. cut in half by bolt cutters Connectors cut up or deformed in such as way they cannot be used Lanyards cut Helmets have their chinstraps and cradles removed and cut up Once the item is destroyed, it, and all its records, will be removed from our inventory (if we hold this on your behalf), and/or from your own inventory as the owner. 7.4 Appeals If you are unsatisfied with the outcome of an inspection you may wish to appeal the decision made about your item of equipment. Firstly we recommend that you chat with the inspector, who will fully explain the outcome, the details of the checks made and show you photographs of the item if they were taken. If you are still not happy with the outcome and explanation we will arrange for a second Competent Person to undertake a separate inspection for a second opinion. If the outcome of the second inspection is the SAME as the first then the decision of the second Competent Person is final. If you are still unhappy with the outcome, you may wish to seek a further inspection elsewhere. We may only return your equipment to you if you have signed a disclaimer stating that you will not use the equipment until it has been certified as fit to use. We will retain our records on the outcome of our own inspection. 8. Easy ways to avoid your equipment failing an inspection There are certain no-brainers that will help your equipment pass its inspection. The list below is a quick guide to help you avoid the pitfalls: Avoid putting stickers on your kit Bring in clean kit for inspection Bring in all your paperwork that relates to the kit plus records of your own checks and inspections Talk to us about the kit before you hand it over to us Page12

13 Do our training, let us help you with your record keeping and generally keep up to date with the law and what is needed. If in doubt ask us, we re here to help. 9. Charges for Inspections 9.1 Insertion Checks We charge between 3 and 15 for an Insertion Check depending on the complexity of the item. Below is a rough guide; Simple Items e.g. Karabiners, Slings, Cambium Savers, Hitchcords More complex items e.g. Pulleys, Lanyards, Large, complex items e.g. Harnesses, Helmets, and Friction Devices 3 (exc VAT) 5-8 (exc VAT) (exc VAT) If you buy your item from TREEKIT we will provide an Insertion Check FREE OF CHARGE 9.2 Thorough Inspections We charge for Thorough Inspections by the Kit Bag. Below is a guide: 1 Average Climbing Kit to include up to 30 items, one rope and one harness 45 (exc VAT) 1 Large Climbing Kit to include items, three ropes and one harness 65 (exc VAT) 1 Average Rigging Kit to include up to 10 items, and three ropes 45 (exc VAT) 1 Large Rigging Kit to include items and six ropes 65 (exc VAT) Extra Rope or Harness per item Extra small items such as Karabiners, Pulleys, Hitchcords etc per item Extra, large/complex items such as Friction Devices, Spliced Lanyards etc per item 5 (exc VAT) 3 (exc VAT) 5 (exc VAT) 10. Full Equipment Monitoring Service This can all seem a bit much and we reckon most arborists prefer treework to paperwork so we re offering to manage your kit inspections for you. The truth is, if you re working in trees you need to comply with the regulations but we understand how hard it can be to stay on top of it all. Your kit will need regular inspections; Insertion Checks, Maintenance Checks and Thorough Inspections if you are to comply with the law and maintain your insurance. We are offering a complete set-up service that includes: Create an electronic Inventory of your kit that includes all the necessary serial numbers and other vital information Create a paper Inventory of your kit for you to take away and store with your kit including information about when your next inspections are due Page13

14 Set you up with your own account on our electronic system so that all the crucial information about your kit is stored online Set you up with online access to log your weekly and/or monthly inspections quick, easy, stress free! Remind you when your six month Thorough Inspections are due and book you into our diary well in advance so that you jump the queue and your kit is only with us for 24 hours Provide you with free Insertion Checks on any new equipment that you buy and add it to your electronic Inventory Cost: To set up one average bag of Kit (up to 30 items) 42 (exc VAT) including one rope and one harness To set up a large bag of Kit (up to 50 items) 62 (exc VAT) including three ropes and one harness Extra items can be added for 2.50 (exc VAT) per item Ongoing Costs: For subsequent years, and assuming you keep all your records up to date, adding new equipment as you go, we will charge you 32 (exc VAT) per year for an average bag of kit, 42 (exc VAT) per year for a large bag of kit to continue to: Maintain your own account on our electronic system so that all your kit continues to be stored online Maintain your online access to log your weekly and/or monthly inspections - quick, easy, stress free! Remind you when your six month Thorough Inspections are due and book you into our diary well in advance so that you jump the queue and your kit is only with us for 24 hours Provide you with free Insertion Checks on any new equipment you buy, wherever you buy it from and add it to your electronic Inventory - just send us the info and we'll do the rest. (NB This fee covers the administrative cost of setting up and monitoring your equipment. Charges for Insertion Checks and Thorough Inspections are in addition). 1o. Contact Us If you have any further questions don t hesitate to contact us: Telephone: Visit our showroom: office@treekit.com Unit 3, 446 Commercial Road, Aviation Business Park, Christchurch, BH23 6NW Page14

15 APPENDIX A Sample Terms and Conditions Page15

16 WORKING SAFELY IN TREES TREEKIT GUIDE TO THOROUGH INSPECTIONS OF EQUIPMENT FOR WORKING AT HEIGHT Terms and Conditions for Thorough Inspections These Terms and Conditions set out the basis on which the Thorough Inspection of Equipment is undertaken by Treekit, the responsibilities of the owner of the equipment and the responsibilities of Treekit. After signing this document, the customer is deemed to have accepted these Terms and Conditions. The Thorough Inspection is carried out by a person appointed by Treekit who has qualified as a Competent Person. A Competent Person is a person with a full understanding of the potential hazards related to the equipment and the work it may be used for, appropriate practical and theoretical knowledge and experience of the equipment to be thoroughly examined as enables them to detect defects or weaknesses, and to assess their importance in relation to the safety and continued use of the equipment, and the ability to specify appropriate remedial action. The Thorough Inspection is not a guarantee but is an opinion of the Competent Person of the condition of the inspected equipment relative to the evidence supplied to them by its owner on its providence and subsequent maintenance and upkeep. Responsibilities of the Owner You assure that you have undertaken, and have provided such evidence to prove that you have undertaken, all required maintenance checks and inspections as recommended by the manufacturer of the equipment. You assure that the equipment to be inspected has been used appropriately and safely according to the manufacturer s instructions, and has not been modified, damaged or stored unsafely. If you are dissatisfied with the outcome of the inspection you agree to promptly give Treekit written notice specifying the matters about which you are dissatisfied and allow Treekit to attempt to resolve the matters with you within 28 days of receipt by Treekit of such written notice before taking any remedial action or incurring any costs. Page16

17 Responsibilities of Treekit Inspections will only be carried out but a qualified Competent Person and Treekit will make available evidence of qualifications on request. Treekit will supply written details of the inspection and certification of the outcome of the inspection for each item of equipment inspected. Treekit assures that it will store all equipment in a secure, locked room overnight and under close supervision of the Competent Person at all other times Treekit assures that it will store equipment in a manner that is not detrimental to the integrity of the equipment i.e. o o o o o Temperature all equipment will be stored in an environment maintained at suitable temperature Storage all equipment will be stacked, hung or racked in a suitable manner so as not to cause damage and to optimise the integrity of the equipment Cleanliness all equipment will be stored in a clean environment Usage equipment will be used only where it is necessary to test its safety and for no other reason Tampering equipment will be stored securely where it is unable to be tampered with and will be handled only by the Competent Person or the Owner Treekit s liability is limited to the provision of the inspection report which assumes the proper providence, maintenance and upkeep of the equipment prior to it being handed over by the Owner. Treekit has a duty by law to retain (in quarantine) or to destroy equipment which, in the opinion of the Competent Person, is unfit for use. Equipment deemed as unfit will not be returned to its Owner. The inspection report remains valid only until the date which the Competent Person states is the date that the equipment needs to be re-inspected. If the equipment is modified or damaged following the issue of the inspection report the report becomes invalid with immediate effect. The inspection report and any appendices and attachments, as issued by Treekit, takes precedence over any oral advice you have been given or previous reports pertaining to the same piece of equipment. These Terms and Conditions are in addition to, and do not replace or remove, any rights or implied guarantees conferred by the Competition and Consumer Act 2010 or any other consumer protection legislation. Page17

18 APPENDIX B Sample Disclaimer for Receiving Back Unfit Items Page18

19 WORKING SAFELY IN TREES TREEKIT GUIDE TO THOROUGH INSPECTIONS OF EQUIPMENT FOR WORKING AT HEIGHT Disclaimer for Receiving Back Unfit Items EQUIPMENT UNFIT FOR FURTHER USE UNTIL REPAIRED Item: Model: Serial No: (batch number) Unique ID: (your marking) Year of Manufacture: Date of Purchase: Date of First Use Date of Inspection: Company Name: Company address: Comments: UNFIT UNTIL REPAIRED INSPECTOR INFORMATION Name of Inspector: NPTC Certificate Number: Company Name: Company address: Under this disclaimer it is agreed between the Inspector, as named above, working on behalf of Treekit Ltd, and the owner of the equipment, as named above, that the Inspector has inspected the equipment and registered it UNFIT for further use until it is repaired and re-inspected. The owner is taking the equipment with any and all latent and patent defects and that there is no warranty by Treekit that the Equipment is fit for any purpose whatsoever until repaired. The owner acknowledges that the Inspector has delegated all responsibility for the safe storage and repair of the equipment and will not use it for any purpose other than repair, until it is returned to the Inspector for a re-inspection.. The owner takes the Equipment, under the express understanding, that Treekit bears no responsibility for the use or storage of the equipment and accepts no liability whatsoever for its use or storage or the consequences of any actions taken by the owner regarding its use or storage from the date that is returned to the owner. Signed: Signed: Print: Print: Inspector on behalf of Treekit Ltd Owner Date: / / Page19