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Posted By Alex Nasmyth
Currently staff are required to cross a busy main road to access the Administration Building which is set away from the Main Building. This used not to be a major problem as the pedestrian crossing was located directly out side the Entrance Doors to both buildings, however recently the road layout has been changed and the Pedestrian Crossing has been moved 20 yards further down the road, this in turn means staff have to walk further. From my office I regularly see staff crossing the road by the quickest route and not using the new crossing and Senior Management are quite rightly concerned about this.
We have issued clear instructions to staff from top level management about using the crossing and risk assessments etc. have been updated accordingly, we have even added it to the induction training, however this seems to make no difference. Staff feel that it is up to them to make this decision as in their eyes they are in a public place and therefore it is nothing to do with the firm as a whole.
However the firm are asking staff to cross this road as part of their job and therefore exposing them to a hazard, the risk assessment has obviously highlighted that they must use the crossing but if they chose not too and have an accident then surely we as a firm could be held vicariously liaible.
Any advice on this would be gratefully accepted.
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Posted By TBC
You have done all you can as far as the induction and instructions for the employees is concerned in H&S. It is now time to enforce that instruction as with any other in H&S. Talk to HR about going down the disciplinary route for employees breaching the H&S site rules by putting themselves and others at risk of injury.
The message will soon get around and you will be seen to be enforcing the rules should anyone be injured and a compensation case arise.
Good luck
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Posted By Tony Brunskill
I do not think the question is where they are more one of what are they doing. If the y are in the course of their employment moving from one area to another you should enforce the rule. Watch what happens after the first one or two see the dicipine route looming!!
Post that you will have probably done all that is reasonable in the circumstances and it is unlikely either a civil action or criminal prosection would succeed.
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Posted By Tony Brunskill
TBC
Snap!! lol
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Posted By TBC
Tony - Great minds and all that eh!
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Posted By Jerry Lucey
Hi Alex - It would be interesting to know if the Road Layout alteration was covered by CDM i.e. in excess of 30 days or 4 personnel working on the project, as the Local Authority would need to have appointed a Planning Supervisor who should have carried out a risk assessment of the impact of the new pedestrian crossing.
At any rate if the Local Authority have moved a pedestrian crossing they should have risk assessed the impact to pedestrians in the area. If the pedestrian crossing had to be moved to reduce the general risk in the area, the LA may be able to justify this.
It sounds as though a significant risk exists for your personnel. I would advise the LA that you have carried out a risk assessment and found that there is a significant risk to your employees which has been caused by the re-siting of the pedestrian crossing.
Other measures that might be available to the LA would be a barrier running along the pavement edge to the pedestrian crossing whereby personnel would be more likely to walk to the official, safe crossing point.
I would have thought that it would be easier to eliminate the risk by having the LA move the pedestrian crossing back to its original location or have suitable barriers put in place to deter persons from crossing at a dangerous location rather than trying to force personnel to walk to the pedestrian crossing where it is at present.
Building a safety culture has to be our overall objective and being seen to be taking a heavy hand approach, particularly in an area which may be perceived to be outside the company's control could lead to resentment and bad feeling and to personnel having a negative perception of safety.
I would certainly draw your Local Authority into the loop and you may find that they have options available to eliminate the problem
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