According to OSHA the employer is responsible for all tools and equipment used on a worksite EVEN IF IT IS BROUGHT ONTO THE WORKSITE, AND EXCLUSIVELY USED, BY THE EMPLOYEE.
The OSHA construction standard that applies is 1926.300(a). Condition of tools. All hand and power tools and similar equipment, whether furnished by the employer or the employee, shall be maintained in a safe condition.
The employer is NOT responsible for the repair or replacement of employee-owned tools BUT they are responsible for its condition while in use. Ensure that condition of tools is specifically addressed in your safety manual. No damaged or broken handles; sprung wrenches; chisels or impact tools with mushroomed heads; tools with missing or defective guards; power tools with damaged or improperly repaired power cords. In fact, employees should not use (or even bring onto the jobsite) any hand or power tool that is damaged or defective in any manner.
If you have any questions regarding this matter please contact Don Ashton, Director of Safety Services at dashton@64.207.152.120 .
