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Posted By N Howell
Our company is currently moving to new premises and is in the process of having a new mezzanine floor installed which will over look a workshop area. Hand rails have been installed at correct height but there are no toe/kick boards in place to prevent debris being kicked on to the level below. When questioned about this the manufacturer said that as far as they are aware they is no legal requirement to supply these and it would be an extra charge if we wanted them. I know that they are required on scaffolding but can any one confirm or offer an explanation whether or not there are regulations which apply to mezzanine flooring or can someone offer a pointer as to where i can find this information.
your assistance is appreciated.
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Posted By Dave Partington
The question of legality is really neither here nor there. If as your companies "competent person" with an understanding of your business it seems sensible to you to put "toe boards" in place, then simply do so.
Regards.
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Posted By Steve
I would agree with Dave, if there is a possability of tools, equipment or other items being dropped or 'kicked' off onto persons working or passing below the platform then fit the kick boards.
You could try contacting the Engineering Equipment Users Association at 20 Grosvenor Place London SW1X 7HZ, I have a copy of their NO7 Handbook that gives recommended dimensions of stairways, ladders, handrails, platforms & ramps. If you have no luck then please contact me and I will fax you the relevant pages.
Steve
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Posted By Robert K Lewis
The problem here arises out of the Building regs which do not specifically require toeboards in such places therefore the supplier is correct. During construction the CHSW regs require the installation of toeboards whilst it is a construction area. The occupier must then do their own risk assessment for the workplace.
This is often a cause of misunderstanding between the contractor and the occupants as there is difficulty in realising that something may be correctly installed but still not comply with a workplace risk assessment. These latter assessments reflect the nature of the work that is to be undertaken in the building and the modes of final ooperation.
Bob
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Posted By Jack
Regulation 13 of the workplace regs applies here. The accompanying ACoP says "where necessary an adequate upstand or toeboard should be provided".
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Posted By Richard
This is a widespread problem.
I have just carried out my first H&S Inspection of a recently completed extension to our premises. There are a number of items I wish to see addressed (like five pages worth!), including the one mentioned, but because the building has been accepted by the Building Inspector and the Firemaster my employer is reluctant to listen to me, no matter which regulations I quote.
Just carry out a risk assessment, and if the employer refuses to take any recommended actions it is up to them to justify it
Richard
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Posted By Jim Sweetman
I can agree with all that has been said so far, particularly what Richard says. The organisation that I work for takes that approach as part of the course, the problem is pretty much endemic. That is until something happens and people start looking for accountability - watch people take an interest then!
Having spoken personnally, now let me speak proessionally. I do not know the scale of the work that has been carried out, but it is certainly construction work. In that case, there may have been a Planning Supervisor on board. They are required to satisfy themselves that designs address the need to eliminate and control risks. To overlook something as basic as this indicates that they may not have carried out their duties properly - whoever is/has paid the bill could chase for money back because of services not received.
Even if a Planning Supervisor has not been involve there will have been a designer. Similarly, they appear to have failed to satisfy their duties and design safely. There is a further avenue for comeback there.
Even if the management chain are not interested in health and safety, they may demonstrate a little more interest if it can be shown that they have paid for something that wasn't received.
Hope this helps, good luck.
Jim
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Posted By Paul Garner
You may wish to obtain the literature from SEMA (Storage Equipment Manufacturers Association). They provide guidance for the industry on design, installation, specification etc and have many useful publications.
As mentioned there is no requirement for the supplier to fit toeboards and it is purely down to the nature of the working situation and your risk assessments.
I hope you regularly have the opportunity to have an input into such projects as getting your H&S requirements in at an early stage can be much less hassle then having to do a retro fit, as you are clearly experiencing.
As already stated do the RA and maybe accompany it with a memo to the boss. If he wont listen be prepared to re-iterate the possible consequences.
All the best...Paul
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Posted By Robert K Lewis
Just to add a couple of points. As mentioned there will definitely have been a PS somewhere. The designer will also use the current codes. The problem is that without input from the client that certain situations of work exist within the building that makes the fall of material from the edge a higher likelihood than anticipated in the building regs and standard design codes the design will not reflect those risks.
This situation is often met when buildings are part of a speculative development with no specific end user in mind. It also occurs however when the client design brief contains ommissions. Contractors and designers are not and can never be mind readers. If you cannot persuade the management to accept the installation retrospectively of kick boards then perhaps you will need to move to more general management controls. Thes could include prohibitions on storage on the outside edge of the floor. Not the best perhaps and will need supervision.
Bob
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Posted By Andrew Townsend
Looking at the problem you have highlighted you need to look at the following
a) was this considered at the design stage by the designers and the planning supervisor. If not why not.
b) Reg 13 of the Workplace(health, safety and welfare) Regulation will give you guidance
c) carryout a risk assessment for this area taking into acount the activitites to be undertaken and reg 13
Hope this helps
Regards
Andrew
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Posted By Barry hutton
This is an interesting thread. I work for a local authority with a coastline, which has a pier. The guard railing to either side of the pier (and equally along the promenade) utilises railing systems that allow small children to climb them and/or potentially fall through them. These types of railing systems are, I believe, extensive and common on promenades, etc. We have recieved a complaint from a MOP questioning there safety.
I find it is hard to believe there is no standard covering their design in such situations. However if such railings were used in buildings were children could be present then the designer/architect would be restricted to using guard railing that makes it impratcial to climb and where the gaps don't exceed 100mm.
I am forming the view that the precedant has been set by Building regs in relation to prevention of small children falling. Therefore whenever there is the possiblilty of children being present and there is a fall hazard, the standard for external areas to buildings should be the same as that in the building regs.
Any comments?
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Posted By Mark Warrington
As far as I am aware there is no requirement for the manufacturer to fit toeboards but they may be legally required where there is a risk of materials falling (refer WHSW Regs 92 13(1) and (3)) As to whether they are required on your mezzanine floor will be subject to a workplace risk assessment. Dependant of use of the mezzanine floor it may even be necessary to close gaps between handrails with something like a wire mesh to prevent materials falling. You will need to assess whether materials are going to be stored/stacked close to the edge. If they are not then I would suggest as a minimum a simple toeboard is fitted to cover you against anything being dropped and subsequently kicked off the edge. Regards
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