3. Safe equipment
Employers must take reasonable care to provide proper plant, appliances, and equipment, and to maintain them properly. This includes tools, machinery, vehicles, protective equipment, and other work items employees need in order to perform the job.
The scope of this duty includes:
- Provision of appropriate machinery and hand tools;
- Maintenance and regular inspection of equipment;
- Formulation of a clear procedure for employees to report faulty gear;
- Timely replacement of worn or defective items;
- Supply of protective equipment (gloves, goggles, harnesses, helmets); and
- Clear instructions and warnings regarding safe use
This is a continuing duty, not a one-off duty. It is not enough that equipment was safe when first supplied if the employer later failed to inspect, maintain, repair, or replace it when needed.
The obligation is still one of reasonable care rather than absolute guarantee. Employers are not liable simply because equipment failed; fault must still be shown, such as poor inspection, poor maintenance, poor choice of equipment, or failure to anticipate a risk that should reasonably have been foreseen.
At the same time, an employer cannot simply rely on the fact that equipment met some minimum standard if the actual use of the equipment remained unsafe.
Protective equipment may also be required where the work creates a real risk of injury. Simply supplying safety equipment may not be enough if the employer does not require or enforce its use where appropriate. Where the work creates a risk of injury, the issue is not merely whether something was supplied, but whether the equipment provided was suitable, properly maintained, and used in a way that made the work reasonably safe.
