Posted By Steve D. Clarke
I’ve had an enquiry from one of our rights-of-way managers, apparently staff who install footpath signs/stiles etc on roadside verges are required to have the same qualifications as highways staff who actually work in the carriageway.

I have looked at the relevant regulations i.e. The New Roads and Street Works Act 1991, The Street Works (Qualifications of Supervisors and Operatives) Regulations 1992, The Highways Act 1980 and Traffic Signs Manual Chapter 8 Volume 1.

My understanding is that as far as the law is concerned the Highway is defined as the area between the boundary fences including any verges, shoulders, medians, footways, cycletracks and carriageways.

So basically if you are working between the boundary fences/hedges of a highway these regulations apply and there must always be at least one trained Operative, having a prescribed qualification on site. Also such work must be supervised by a person having a prescribed qualification as a Supervisor.

The training involves three units 1, 2 and 3 for accreditation for working in the highway (Unit 1 location and avoidance of underground services; Unit 2 signing, lighting and guarding; Unit 3 excavation in the highway).

It isn’t a problem (but expensive) getting all permanent staff trained at an accredited centre, but it will mean that voluntary groups that work at the weekend will no longer be used. Have I got this wrong? The law appears black and white in this area, is this training necessary, does anyone have experience or can offer advice in this area?
Cheers
Steve

Posted By Stuart Nagle
Rob, forgive me if i'm wrong, but I thought the NRSWA applied to all highways, and thus all areas of all highways, and of course footpaths and by-ways, if designated under the highways act, are also highways - the only difference being their classication for 'traffic' permitted to use them.

Having been involved with the NRSWA since Prof Micheal Horne (now deceased) first presented his report (the Horne Report) - at the Institute of Works and Highways Management (as was) annual seminar in Harrogate back in the 80's I have had some detailed involvement.

It was and is my understanding that the only persons who were ever exempted from the NRSWA were Highway Authority Engineers, who due to the fact they qualified Engineers were exempted by way of their qualifications.

It is my experience however, that most have actually done the necessary NRSWA courses in order to cover the areas they are involved with, beit excavations, reinstatements and supervision etc...in the various if not all elements (bituminous materials, concrete, elements etc...)

Whilst it may appear to many that excavating in a grass verge is not excavating the highway per se, legally (in most cases) they may well be part of the highway (unless it is private and/or not designated as a part of the highway) and will, most liklely contain many of the utility services associated with the highway, such as gas, electricity, water, cable and telephone services, drainage (surface and foul), and of course not forgeting the NRSWA requirements in respect of tree roots (to ensure trees are not destablised.

I would therefore have some concerns if persons working in any part of the adopted highway, including carriageways, footways, footpaths, verges, by-ways etc (which can also carry services) were not in possesion of suitable qualifications and experience covering the operations they were required to perform.

Lastly, the requirements, as you have pointed out, is that only one person on the site need to hold the relevant qualifications. This could be a supervisor (if they hold all the relevant qualifications), but it needs to be remembered that the qualified person must be on site at all times that works are being undertaken, so multi-site operations would be problematic...

If your opinion differs, please lets hear it...

Regards...

Stuart Nagle

Posted By Stuart Nagle
Robert.

Thanks for responding. Glad to see we have a consensus of opinion, and information on the update to the qualifications of a 5 yearly renewal.

The renewal of course will come a bit hard on those who are full-time employed professionals in this area of work, be they roadworkers or Engineers, but when one considers the turnover in labour in the private sector, one can appreciate the need to ensure that operatives obtain and/or maintain the correct level of competence.

Regards...

Stuart