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#1 Posted : 13 June 2006 11:43:00(UTC)
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Posted By Robert Weiland Recently an unsafe delivery turned up on site, it was difficult to rescue pallets so the delivery was refused. The driver took the delivery off site back to base. However a consultant stated that should offending delivery then fallout onto motorway, on the way back, We could be held partially responsible. Surely the emphasis would be on the driver to determine if safe or not to return to site? Thoughts?
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#2 Posted : 13 June 2006 11:49:00(UTC)
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Posted By Steve B A driver is ultimately responsible for his load on the public highway. But on a moral front... maybe you should have had a word in his shell like!! lets face it you have obviously had second thoughts by posting this thread.
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#3 Posted : 13 June 2006 11:57:00(UTC)
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Posted By Sally It is a difficult one. I've encountered it with reels of paper being delivered to a paper mill. The line we took was that we unloaded it on this one occasion, having carried out a specific risk assessment and adding various control measures to ensure that it was as safe as possible (ie low risk). Then made it very very clear to the supplier that this wasn't to happen again. The reason it was unsafe was because of the load shifting in transit - if it had been transported back again the risk would have increased significantly.
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#4 Posted : 14 June 2006 13:56:00(UTC)
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Posted By Fred Pratley Robert, From your post i assume you meant the goods could not be offloaded safely by you, but the load was still secure? If so then I would say you were correct to refuse to handle the delivery. If the load was unsafe, I would have contacted the sender/supplier, and told them about it. You can't stop the driver from going back and the load is the driver's responsibility. Regards Fred
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#5 Posted : 14 June 2006 14:00:00(UTC)
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Posted By Liam Mc Conalogue Robert, You would not be held anyway responsible, so long as you didn't attempt to remove any pallets which may have dislodged any others during the operation. Ultimately though whether you did or you didn't the main responsibility will rest with the operator of the lorry- no questions.
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#6 Posted : 15 June 2006 14:25:00(UTC)
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Posted By Jerry Lucey If attempting to unload pallets from a vehicle places your employees at risk you are right to refuse to attempt to unload the delivery. The driver should be made aware of why you are not offloading his goods and that you consider the load to be unstable. Most drivers are aware of the consequences and that driving with an unsafe load will place their licence in jeoprady. It should be remembered though that a load can become unstable in transit and the driver may have limited options as he may be a distance from his depot. It might be worth discussing the matter with the driver and seeing if he has any ideas as to how to stabilise the load enough to safely remove it from his vehicle. Again Robert, I would stress that as an employer your first duty is to your employees and it sounds as though you did the right thing in not allowing them to offload this unstable load, however while I would refuse to place my employees in jeoprady I would also make provisions for the vehicle to be parked up safely until the haulage company/ driver had the opportunity to make the load safe.
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#7 Posted : 15 June 2006 17:54:00(UTC)
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Posted By Richard Altoft I have had similiar with a delivery of structural steel. We quarantined the lorry and fenced it off and then told the driver he could either take it away, or use our phones to get expert opinion or leave it on site and we would make room available for it to be unloaded by his company subject to risk assessment and method statement being provided to our satisfaction. The load was in fact able to be rechained down and driven away safely and surprise surprise we never ever had the problem again R
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