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#1 Posted : 12 October 2002 07:01:00(UTC)
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Posted By Alan Breen hi all, I was just wondering if anyone can help me out? I live in a quiet lane and in an old quarrymans cottage.To get to my front door from the road,one has to go up 30 stone steps,which are owned by the local council.This is the only route to my house so is used by my family also. Now the point is this: When we get deliveries of heavy loads,(furniture etc:)the driver of the vehicle usually takes a fit.We ALWAYS inform the appropriate companies of the steps so they can send 2 men to carry aforementioned goods. More often than not though,we are refused delivery to the door due to(in their words)"not covered by insurance to go up steps" or just "too many steps anyway". Where do we stand in this situation in terms of health and safety issues,ie:who`s responsible for injury on the steps?us or the council??? Sorry it`s so long :-) Any help grateful.. Thank you. Alan.
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#2 Posted : 12 October 2002 23:07:00(UTC)
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Posted By Ken Taylor I would suggest that responsibility for an injury will be determined by the cause of the injury. If it's the unsafe condition of the steps, it will be the Council; if it's an unsafe load being carried, an unsafe working practice, or an employee required to do the job but not suitable to perform it, the employer of an injured employee will be likely to be considered at fault. The only scenario that comes to mind where you might be held to have some responsibility is if you, knowing the steps to be defective, but the defect not being readily apparent, tell a delivery person to use the steps and that they are safe - in which case there could be a slight, but unlikely, possibility of civil action being taken against you as well as the Council.
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#3 Posted : 14 October 2002 12:31:00(UTC)
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Posted By Graham Bullough Given that delivery drivers don't want to spend any more time and effort at each delivery address than they have to, because of sheer pressure of time and work, laziness or a desire to complete their round early, it's likely that most of them will quote "health and safety" or "lack of insurance cover" as an excuse for not humping awkward or heavy loads up the steps. It's curious how some people, irrespective of occupation or position, normally have no concern for health and safety, yet readily quote it spuriously as a reason for getting something they want or for them or somebody else not to do something! You are being reasonable by warning delivery companies of what to expect at your house. However, it's possible that the information doesn't always get passed to the delivery drivers, hence their dismay when they see the steps on arrival. If drivers quote safety or insurance as reasons for not using your steps, you could ask them if they've got anything in writing to that effect. If the driver has no documentary support and you suspect he is "trying it on", you could also suggest phoning their office to check. After all, you've already pre-warned the company about your steps and nobody mentioned any problem then. If the driver thinks he'll get into trouble, the suggestion of a phone check may be enough to change his mind. Assuming you work in health and safety, tell drivers about this and your assessment of the condition of the steps. Also tell them whether anybody else has had any problems negotiating the steps. If the steps are defective, e.g. because they are excessively worn, badly laid or the ground beneath them has settled, you should ask the Council to meet its obligations as landlord and rectify them. Describe the defects (photographs can help)and summarise the legal/financial consequences which can arise from leaving them in their present state. If you've any neighbours in houses which are also accessed by the steps, they can help by making joint or seperate approaches to the Council. If the Council doesn't act, it could be worth contacting a local councillor as some council officials may give priority to queries or requests from councillors. Councillors can respond for various reasons, including genuine concern for your problem. In some cases, concern for re-election may also have an effect, especially if local elections are on the horizon!
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#4 Posted : 14 October 2002 12:46:00(UTC)
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Posted By Andy Alan, The steps are just one example of poor communcation between depots and delivery staff. Because a wardrobe appeared difficult to carry upstairs, a company driver suggested that a relative should take it apart, and re-assmeble herself, (difficult to do without damage, he stated that he had done this several times before, but not informed the depot! Assuming they are safe, the steps just appear to be an excuse to save time.
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#5 Posted : 15 October 2002 06:23:00(UTC)
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Posted By Alan Breen hi,just like to thank you all for your input..it is most appreciated. thank you. Alan.
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