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#1 Posted : 12 April 2006 12:33:00(UTC)
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Posted By Robert S Woods A Chain used for lifting vessel lids has snapped whilst being used (no one hurt thankfully). It was inspected by the insurers last month and has not been misused or damaged in any way. Vessel lids are well within the SWL for the chain. Advice on RIDDOR and comment on how you would proceed with this issue most welcome.
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#2 Posted : 12 April 2006 12:41:00(UTC)
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Posted By Gary L Hi Robert With reference to Schedule 2 of RIDDOR I would class this as a "Failure of a load bearing part of any lift or hoist" I would therefore report this as a Dangerous Occurrence to the Incident Contact centre Gary
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#3 Posted : 12 April 2006 13:03:00(UTC)
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Posted By Robert S Woods I only have access toi the regs not guidance. The chain is not an integral part of the hoist but a lifting accessory. Still reportable? I am going to report it but want to make sure I'm on solid ground. Bob
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#4 Posted : 12 April 2006 13:24:00(UTC)
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Posted By Gary L Looking into the guidance I would say that accessories would be covered by this requirement to report - it states "any load bearing part..." The only exemptions would appear to be for ancilliary equipment such as electric operating buttons and radius indicators. Guidance also states that incidents involving cranes must be reported irrespective of the nature of work being undertaken hope that helps, Gary
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#5 Posted : 14 April 2006 11:30:00(UTC)
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Posted By Andy Walker Bob, Sorry to put a fly in the ointment but the guidance states "Collapse, failure or overturning of any load bearing part of cranes, hoist, lifts, mobile platforms, cradles, excavators or FLT's. The way I interpret this regarding cranes is a failure of any part above and including the hook including ropes, pulleys etc. (ie a fixed part of the crane) is reportable. Below the hook is not (similar to statutory inspections under LOLER). This was confirmed by an retired HSE inspector. It could be argued by some that the chain is load bearing, however, it is as you stated an accessory and not a part of the crane. If you want to discuss this e mail me directly and I'll give you my phone number Andrew
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#6 Posted : 14 April 2006 12:02:00(UTC)
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Posted By Sean Fraser Why not phone the RIDDOR reporting nubmer and ask their opinion - have the details ready in case they say "yes" and you can make the report at the time. Number to call is: 0845 3009923 It would seem that the interpretation in this case could be "no" anyway, but you will have discharged your duty by enquiring.
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#7 Posted : 14 April 2006 21:48:00(UTC)
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Posted By Mr T Wilcock I would suggest you find information regarding,uniform calculations for lifting accessories, included angles, and leg tension.Mis- calculation of the above can result in failure regardless of chain being within its SWL/WLL. It is absolutely reportable under riddor. If you need any further information,i would be glad to help. Regards Terry..................
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#8 Posted : 16 April 2006 11:29:00(UTC)
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Posted By George Wedgwood I often wonder why many practitioners want to report such things, just because it says in the Regs that you should? Think about the business case - it there value to your business in the reporting? Why are you not thinking about the failure causes - the improvements required - the skills involved in using the accessories etc? Reporting only gives the HSE some statistical information to play with and does nothing for your business, except perhaps provide 'evidence' that you are complying! Do you report every company car driver that exceeds 30 mph in a limit zone - that is also a criminal offence? I would concentrate on the value that can be created from the incident and that will help the H&S adviser become more useful to the company rather than just be a jobsworth!
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#9 Posted : 16 April 2006 11:49:00(UTC)
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Posted By John Murgatroyd Sad. You're in the business of H&S. The chain that failed may well not have been "part of a loadbearing mechanism", but it was a chain involved in lifting. If so, it should have been on your list of insured articles....those that your insurers check....complete with its swl tag and some sort of id. Not on your insurers list ? Oh dear...not insured. The next sad thread will be how to cover-up the loss of life or limb of a person killed or injured by the failure of another piece of gear.....along with the inevitable thread of whether or not it is a RIDDOR incident. You can also bear in mind that somewhere in the organisation someone HAS noted the incident down for future reference....even if it was a worker....every company has someone who notes these things down...he/she may even have buried the failed chain/sling to be unearthed at a later date. I myself have noted, for future reference, several non-reports of incidents....ie: overturning of a fork lift (A definite RIDDOR incident) the uncontrolled drop of the lift forks due to the hydraulics being ripped off by using the forklift to drag articles along the ground (another RIDDOR) Finally: Reportable dangerous occurrences are: (This list summarises each of the dangerous occurrences - )collapse, overturning or failure of load-bearing parts of lifts and lifting equipment. I think that a chain attached to a hook and to the load is definitely covered. ie: "load-bearing parts" and "lifting equipment"
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#10 Posted : 16 April 2006 20:32:00(UTC)
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Posted By alex mccreadie Got to agree with John on this one 100% reportable I am in the Lifting Industry and this is a failure of Load Bearing Equipment. As for insurers inspection very difficult situation for them as they do not strip the accessories of the chain on the inspection. It is normally(NOT ALWAYS) one of the pins or the hooks that break not the actual chain. Any person who does not report this type of incident is putting lives at risk? Has anyone ever seen a 18 year old lad cut in half by a 10 ton Concrete Block not pretty!! The HSE investigation went as far as South Africa where the chain that failed was manufactured.According to the HSE Inspector leading the Investigation this was to ascertain if the chains were manufactured and assembled properly. Now should it be reported?
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#11 Posted : 17 April 2006 11:10:00(UTC)
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Posted By David A Cooper A form 2508 should be completed as this would be deemed a "collapse". I would also refer you to the requirements of LOLER 1998. I have some examples of similar incidents in my library, if you want me to send you some information please let me know. David.
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#12 Posted : 17 April 2006 12:17:00(UTC)
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Posted By Martyn Hendrie I have read this thread with interest and would have to say that my understanding of RIDDOR is in agreement with Andy Walker. RIDDOR was introduced before LOLER and specifically requires failure of the load bearing part of the lifting machine (as was Lifting Appliance) to be reported, not failure of what was then termed lifting gear. I don't think any H&S professional would try and ague that failure of chains does not need to be thoroughly investigated and remedial action taken, but we are considering whether or not the law requires such an event to be reported to the enforcing authorities. I think the point that George is making is that incidents that do not need to be reported to the HSE (as defined in the law) should not be reported. There are lots of other categories of dangerous occurrence that have technicalities to be met before they are reportable. (e.g unintended collapse of a strucure having to involve more than 5 tonnes of material)
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#13 Posted : 17 April 2006 12:31:00(UTC)
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Posted By Lee A What do you have to lose by reporting this incident, the HSE will get hundreds of reports like this one on a regular basis. I doubt very much they are going to coming knocking on your door and whisk you away, then give you a thrashing with a bull whip. However, if you don't report it and as mentioned in one of the earlier threads, the information collector in your company pulls out evidence at a later stage, lets say after someone has been injured from a similar incident. Gives it to the HSE who are crawling all over you because of the latest incident, they are then going to ask why the earlier incident has not been reported. At this stage you may see the bull whip, I would report unless your into whipping!!!!!! Lee
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#14 Posted : 17 April 2006 13:43:00(UTC)
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Posted By Martyn Hendrie The answer to both questions is simple In a competitive market e.g. construction where CDM places a legal duty on the client to be reasonable satisfied as to the competence and resources of those he appoints, it can be detrimental to your ability to win work. Again, I am not suggesting that internally things should be "swept under the carpet" but if you unnecessarily report to the HSE you would also have to declare those incidents to prospective clients. (that's ok if everyone does it, but not everyone does) In answer the question why didn't you report the first incident to the HSE that is easy, RIDDOR did not require it to be reported. Parliament decided what was required to reported in the regulations and there are grey areas where valid discussion can take place as to whether an incident is reportable. However, to report an incident just in case it might come to the attention of the enforcing authorities and they might question why it hasn't been reported is not on its own a good reason to report. I AM NOT ADVOCATING THAT ANYONE BREAKS THE LAW BUT AS H&S PROFESSIONALS WE SHOULD BE ABLE TO READ THE LAW, INTERPRET WHAT IT MEANS AND IF NESSESSARY BE PREPARED TO ARGUE OUR POINT OF VIEW WITH THE HSE
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#15 Posted : 17 April 2006 14:10:00(UTC)
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Posted By John Murgatroyd "collapse, overturning or failure of load-bearing parts of lifts and lifting equipment" came direct from the HSE website on reportable incidents. Now, call me a pedant but isn't a chain-sling an item of load-bearing equipment ? ie: It's equipment, and it bears a load. But then, H&S is now an industry that concerns itself more with the income and pension factor than with health and safety. Even the HSE is now more concerned with shuffling paper than H&S. Not to worry, I'm sure the company that bears the liability for risks will be interested.
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#16 Posted : 17 April 2006 14:13:00(UTC)
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Posted By Mr T Wilcock So according to the last post, a chain that has snapped is not reportable? What would be considered a dangerous occurence? If a chain, rope, sling etc is used on a crane it becomes part of that lifting appliance. Therefore would part 1 General not apply? 'failure of any load bearing part of lifts and lifting equipment'
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#17 Posted : 17 April 2006 17:26:00(UTC)
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Posted By Martyn Hendrie John, You are correct regarding what is stated on the HSE reporting web page but, unless the RIDDOR regs have been amended. (and I can't find an amendment) "Collapse, failure or overturning of any load bearing part of cranes, hoist, lifts, mobile platforms, cradles, excavators or FLT's" is what has to be reported. (As stated in the regulations) I don't think they changed the RIDDOR wording when they introduced the new definitions in LOLER. Chains, ropes, shackles, etc are not part of the crane, etc. therefore not reportable if they fail.
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#18 Posted : 17 April 2006 20:29:00(UTC)
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Posted By Andrew W I've just logged on again (Sunday) and the debate continues. Roberts origional question was in two parts Part 1, "Is the incident reportable?" Part 2, "How do I proceed?" Everybody is so busy arguing over point 1 nobody has made any effort to assist with part 2 I stand by my interpretation, the chain is a lifting accessory and not part of the crane, therefore not reportable.What would be achieved? The incident should be thoroughly investigated internally. John, I would presume that Robert has possession of the offending chain as part of his investigation and has not left it lying about for the company whistle blower to add to his black museum. As mentioned earlier the working angles of the chain legs severly effect SWLs if exceeded. If you are unsure get an expert in. Study the practices. Question the Operators involved. Are they well trained in slinging theory and practice? A good lab will analyse the material the chains are made from and give an opinion of if it is the correct spec for the job The chain manufacturers/suppliers also need to be involved to give their input I am not and was not understating the seriousness of the incident. Yes it is a very dangerous occurence, but as Safety Professionals is it not a large part of our job to use our own investigative abilities and use our findings to implement measures to prevent recurrence.
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#19 Posted : 17 April 2006 20:31:00(UTC)
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Posted By Andrew W PS I posted the comments above from home and forgot to sign them Andy Walker
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#20 Posted : 18 April 2006 15:12:00(UTC)
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Posted By Kev I If I can just post my two penneth on this. I was advised by an HSE Inspector a couple of years ago that a break to a lifting chain was not considered to be reportable. Her words were 'if we investigated every broken chain we wouldn't do anything else'.
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#21 Posted : 18 April 2006 17:13:00(UTC)
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Posted By Gary L The good thing about this forum is that you have the ability to consider the opinions of other H&S professionals. In the first instance I would have said that this was definitely reportable, but now I would have to say, it depends. It depends on whether the failure of the chain could have lead to a fatality or serious injury. If the chain broke on a relatively low risk lift, say moving a load from A to B with the height of the load remains at half metre above the ground then the potential for a fatality or serious injury is low. If at any point during a lift a chain breaks and the height of the load COULD have exceeded say 2 metres then the potential for the load causing significant damage is greater, in which case I would report it. Gary
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#22 Posted : 18 April 2006 17:19:00(UTC)
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Posted By warderic Just pick up the phone and ask the HSE
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#23 Posted : 18 April 2006 19:20:00(UTC)
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Posted By John Murgatroyd They don't investigate every instance reported...very few in fact. Not my problem, although the phrase "company whistleblower" confirms my already stated belief that H&S is seen as an irritation, getting in the way of a otherwise interesting career. On one hand the hse are stating that employees should be consulted and educated about H&S, on the other hand practically 100% of employers, compounded by their H&S consultants, want employees to keep their noses out. I've got a long list, some from my own various employments and a lot more from my various union aquaintances, of employers encouraging their employes to ignore H&S regulations in pursuit of greater productivity and being ably assisted in this goal by the very people they supposedly employ to ensure compliance.....H&S consultants. As a final comment on this subject..........how many of you have EVER seen a lifting chain sling break under load ? Yes, the load drops....but the load goes DOWN....not too many employees with a brain stand under a load being lifted........but the chain goes SIDEWAYS as it breaks, the top goes up and sideways and the bottom goes down and sideways.
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#24 Posted : 18 April 2006 21:44:00(UTC)
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Posted By Barry Cooper Robert Report it. We had a failure of a sling due to not packing a sharp edge, which subsequently cut through the sling and it failed. We reported it. We identified lack of refresher training as the cause. The HSE called in to see what happened and asked what we considered the cause was. We told them the need for refresher training. Their conclusion was the same. They went away satisfied we had identified the cause and planned training to prevent a recurrence. Its ok to say not report it, but why create problems for yourself. I still believe honesty is the best policy. The HSE may still find out, particularly if they visit and ask to see your accident reports, or someone else reports it. Barry
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