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Posted By Jimmy R
An employee contacted me recently saying he had just returned to work after 7 weeks sick leave due to injuring his back lifting a gas cylinder into his car at a local garage. His question was 'what duties does the garage owners have to help ensure his safety when lifting such heavy weights' Your comments would be welcome.
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Posted By holmezy
Jimmy,
In this scenario, the garage owner has very few (or even none at all) duties to the customer. Customer is not an employee, although he is a visitor. The gross weight of the cylinder would be clearly stated and it was bought by the customer. I suppose the owner could offer a warning and tell customer to be careful when loading it into his car, but other than that....
Supermarkets are similar. They give you bags that are about big enough to carry 15 - 20kg, but it doesnt stop people overloading them or wandering out carrying 2 cases of beer or whatever. You would'nt expect Sainzbugs to offer manaul handling lessons!!
And, yes I do know that some offer to load your bags and car for you.
Holmezy
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Posted By andrew morris
Hi,
I am fortunate to have never been to a supermarket that sells 15kg bags, but they do stock large tvs and sometime furniture, which they normally home deliver or offer to allow you closer access to the loading point.
As for the incident, the garage does have a duty of care (Section 3 - people affected by undertaking who are not employees). It depends on the weight of the item (as there are many cyclinders) and the environment. However, suggesting training is ridiculous, but putting up a sign (like in ikea) saying heavy object requiring two man lift or seek assistance is practical.
Making sure the cyclinders are in an easily accessible location to customers but not sources of ignition is also helpful.
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Posted By Jimmy R
Holmezy, Andrew,
Many thanks for your comments.
Jim
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Posted By Darren J Fraser
Without more information regarding what is to be cleaned and what you need to remove during the cleaning process it would be difficult to advise.
However if it is general engineering cleaning of hydrocarbon based grease or oils, a normal water based degreaser with citrus extracts should be suitable. There is the likelihood that it will take longer to clean down using a water based alternative, but from a H&S and environmental view, it would most likely be the better option.
Hope this helps with your problem.
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Posted By Bob Shillabeer
Not sure what you are asking here, was the employee employed by the garage or was he a customer? Why was he putting the cylinder into his car, was it his cylinder or the garage owners?
The garage owner has a legal and moral duty of care to his employees and other visiting his garage.
If the employee who hurt his back was a customer why was he manually handling the cylinder, was it part of a task relating to the operation of the garage? Where didi it take place, in the garage or outside? If it was outside and not related to the garage then the garage owner has no duty of care. Likewise if the cylinder was the car owner's property why is the garage owner exp[ected to have a duty of care. More info needed.
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Posted By Bob Shillabeer
Para two should have read, ditto - inconection to the undertaking as a garage.
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Posted By Rob T
Hi Jimmy, Once the cylinder had passed into the ownership of the customer, the garage owner would have no responsibility for the act of lifting it. Absolutely none (please don't anyone come back talking about housekeeping, layout, defects to premises or anything else - that wasn't asked for).
Regards
Rob
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Posted By Ian D.
Come on .. when are people going to take responsibility for there own actions. He went to the garage to purchase the gas cylinder (presuming it was not an impulse buy), he knew what he was buying a 3, 5, 7.5 or 13 kg cylinder. He should have been prepared to lift or move it by what ever means he deemed suitable, or got the garage to deliver it to his home if he though it was too much for him.
Nothing to do with the garage, as stated before the cylinders are marked clearly with the weight. Who would he want to claim against if the accident occurred whilst he was throwing in and out of his caravan??
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Posted By DRB
I'm with Rob T and Ian D on this one. Although the garage has a duty to visitors it wouldn't stretch as far as some seem to think.
The manufacturers of the gas have a duty but again can't see it stretching this far.
The guy injured his back lifting a product he had just purchased. Tough luck, simple as that. An accident isn't always someone else's fault.
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Posted By Merv Newman
Be sensible. he bought and paid for it. Now he can do with it as he likes. If there was no contributory defect to the premises (uneven ground) then the garage has no liability.
If he is too old and fragile to lift a heavy cylinder then he should have got his wife to help. I do.
Merv
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Posted By Ron Hunter
Irrespective of fault, blame, whatever - your employer has lost the output of an employee for seven weeks and all the costs that go with that.
If this injury had been sustained in your workplace would a simple refresher training regime have been considered? Why not look at your injury AND absence stats, and consider an holistic approach to some simple in-house man.handling training/awareness?
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