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#1 Posted : 12 February 2007 00:32:00(UTC)
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Posted By Robert Sivell Hi Learned friends I have monitored this discusion formum for many years and recieved answers to questions i have never asked,only because someone else has posed the question first. I would be grateful if anyone could provide me with their opinion on the following subject, to enable me to resolve an issue which has arisen between a Principle Contractor and Employees of the Sub-Contractor which is about to result in the employees refusing to work on the site. The issue is in relation to a construction site where the principle contractor switches of the generator at the end of the working day (to save money). The generator provides power to the electric heaters located within the seperate canteen and area for drying clothes. A calor gas heater is provided by the principal contractor in the drying area and is left on throughout the night.There is no heating provided to the canteen area. The P.C. has one of his employees switch off the gas heater in the drying area at approximately 7.30am and turn on the generator. Our employees are on site between 7.30am and 7.40am their official start time is 08.00hrs but they like to be early to get changed into there working clothes and have a quick cuppa in the canteen before they start, unfortuneately their clothes are damp due to the condensation caused by the gas heater and the recent temperatures recorded in the canteen have minus 2 degrees, because the generator has just been switched on and it obviously takes time for the place to heat up to a reasonable temperature, which is long after the offical start time.I have raised the issues with the principle contractor who are advised by health and safety consultants. The P.C.maintains that he is complying with the law if the canteen is at a reasonable temperature within one hour from the start of the working day.I have stated that a reasonable temperature should be maintained throughout the working day and this should include the start of the day. After much toing and frowing the P.C. informed me he proposes to purchase a storage heater which will allow the heat to be stored through the day and released at night within the drying area when the generator is switched off and the gas heater currently used in the drying area will be used in the canteen until the generator is switched on. I have been informed by the P.C. that "it goes against the grain" for him to leave the generator on all night as it costs approximately £50.00 to run. Our company are currently sub-contractors on approximately 22 construction sites where there has never been a problem in relation to heating within canteens and drying areas. your opinions and views on this matter would be very much appreciated as would any advice which would enable me to prevent our employees walking of the site. The calor gas heater is new and the gas bottle is housed within the heater. Thanks. of the time it takes for the heaters to approximately
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#2 Posted : 12 February 2007 00:48:00(UTC)
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Posted By Ken Taylor I don't like the unattended LPG heater (fire and explosion risk in a fire) and these things need room ventilation. The storage heater sounds more useful. The principle of adequate working temperature within an hour has been around at least since 1961. Can't your people arrive at the contracted time (0800hrs) to find accommodation that has been heated electrically for 1/2 hour by the Principal Contractor?
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#3 Posted : 12 February 2007 10:22:00(UTC)
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Posted By John Lewis Ken suggests the temperature requirement has been around since 1961. FYI I have a copy of "A short guide to the Factories Acts 1937 & 1948". Under S3 it says "A reasonable temperature must be maintained in each workroom by non-injurious methods. In rooms with a substantial proportion of the work is done sitting and does not involve serious physical effort, the temperature must not be less than 60F (just under 16C) after the first hour, and at least one thermometer must be provided in a suitable position." This leaflet is dated May 1955. On the subject of the generator I had a similar problem (as principal contractor) a few years ago and got round it by starting the generator an hour earlier. John
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#4 Posted : 12 February 2007 18:24:00(UTC)
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Posted By Ken Taylor I did say "at least" since 1961, John - as I couldn't remember the exact wording of the earlier Factories Acts which were just a little 'before my time'.
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#5 Posted : 12 February 2007 20:05:00(UTC)
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Posted By Raymond Rapp Robert Legal issue. I can't believe that no one has mentioned about ALL the other safety laws that this practice contravenes e.g. HSWA, MHWSR, CHSWR, CDM etc. The simple answer is if you believe you have been reasonable and have had no joy on the basis that the PC does not wish to incurr exra costs, tell the PC you are going to ask the HSE to arbitrate. I suspect the PC will look on the matter a little more favourably. Interested to learn the outcome - good luck. Ray
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#6 Posted : 13 February 2007 09:30:00(UTC)
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Posted By John Lewis Ken. Sorry my friend, I didn't intend to suggest you thought 1961 was the start of H&S, I was just trying to extend the discussion a bit. BTW, 1961 is slightly before my time as well, I got the leaflet from my Dad who was given it when he started his apprenticeship in 1955. Best Regards John
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#7 Posted : 13 February 2007 10:29:00(UTC)
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Posted By Lilian McCartney I'd be more bothered about putting on damp clothes, leaving a portable gas fire unattended and then the temp in the canteen first thing in the morning. The storage heater seems the way forward, hope this can be done quickly before the clothes are lovely and warm from the 'fire'. Lilian
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