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#1 Posted : 03 April 2008 15:11:00(UTC)
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Posted By Gra Clarke Hi, We have two factories either side of an extremely busy, fast road, (road is the Queens highway not ours), our staff have to cross the road for various tasks between the two fatories every day. We have asked the council for a crossing, lights etc, no joy. What would happen to our company if one of our employees were knocked over during the working day moving fron one factorie to another. Graham
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#2 Posted : 03 April 2008 15:20:00(UTC)
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Posted By Peter Taylor14 You`d be 1 employee less
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#3 Posted : 03 April 2008 15:41:00(UTC)
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Posted By Ron Hunter Have you offered to pay for all or part of that crossing. Or is there already a suitable crossing point perhaps some reasonable distance away (e.g. at the next set of lights) that you can actively encourage/instruct staff to use?
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#4 Posted : 03 April 2008 16:02:00(UTC)
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Posted By Colin Reeves Or build an elevated walkway (bridge) from one part of your site to the other, remove the risk altogether. Colin
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#5 Posted : 03 April 2008 18:11:00(UTC)
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Posted By Raymond Rapp Whilst it would depend how factors such how busy the road was, visibility etc I suspect your liability as an employer would be quite high. I suggest that you conduct a risk assessment and if the likelihood of an accident is high (as I suspect) then consider your controls. If your controls include a Zebra crossing etc, then articulate it and copy to the LA, pointing out your and their duty of care. Ray
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#6 Posted : 04 April 2008 09:41:00(UTC)
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Posted By Peter Taylor14 Just think reasonably practical, if LA wont allow zebra they certainly wont allow elevated walk way. How many accidents near missess have there been???
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#7 Posted : 04 April 2008 10:10:00(UTC)
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Posted By I. M. Twining Keep all records to the LA requesting a zebra crossing or other such and as suggested carry out a risk assessment of the situation and log all near misses. This way you have historical data that you have approached the LA and have tried to do everything reasonably practicable should, God forbid, anything happen. You don't say whether there is a gate house at each entrance, but I would suggest that keeping a stock of hi-vis jackets available for those crossing the road would be advisable. This would at least raise their profile when crossing the road.
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#8 Posted : 04 April 2008 10:56:00(UTC)
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Posted By LJ Gra, We are talking about adults crossing roads safely, during the course of my working day I have to walk from building to building for meetings/deliver training etc, this entails crossing several busy roads, there are safe crossing points on most of the roads but not all- so on occassions i have to use the green cross code. If you are asking persons to carry items/materials across the road then you may have a problem, if not then I can not see that you have a problem. LJ
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#9 Posted : 04 April 2008 11:10:00(UTC)
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Posted By Colin Reeves "Just think reasonably practical, if LA wont allow zebra they certainly wont allow elevated walk way." Peter - local authority pays for zebra, business pays for walkway - why on earth would the LA object? Colin
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#10 Posted : 04 April 2008 12:02:00(UTC)
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Posted By Fornhelper I feel this would be classed as a 'risk associated with everyday life' and as a previous poster has intimated, not one associated directly with a 'work activity'. If the local authority do not deem it necessary for a pedestrian crossing to be installed then I am sure they have looked at a number of factors surrounding the issue and essentially 'risk assessed' it for you. We also have a busy dual carriageway outside our workplace however there is a safe crossing point 200 yards up the road. Is there a safe place to cross nearby? If so instruct staff they must use the safe crossing point....might be an inconvenience but so what....if not then the 'Green Cross Code' is the way to go. FH
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#11 Posted : 04 April 2008 13:31:00(UTC)
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Posted By Gra Clarke Hi, 1. We asked council to put a crossing in 2. We are telling/instructing people to cross the road in work time on work business 3. I understand everyday actions but do we not have a duty of care to protect whilst at work 4. The cost of a bridge "maybe" prohibitive 5. Already issued and wear Hi-Vis 6. There is no crossing, (no matter how far you go up or down the road), at present, you would cross form one entrance to another with grass verges with side Now you understand the dilema Graham
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#12 Posted : 04 April 2008 13:34:00(UTC)
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Posted By ClaireL Peter, Your 1st unexpected response was definately the best. Made me giggle in times when there's not always much to giggle at. Star man! PS. Haven't got any useful advice to add to the post, sorry.
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#13 Posted : 04 April 2008 13:54:00(UTC)
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Posted By Fornhelper Hi Graham You may have already gone down this road (pardon the pun!!) but your local authority should have a 'road safety officer'(RSO) and it may be worthwhile speaking with them and asking them for advice. The road safety officer won't necessarily work for the 'Roads Dept' or the H & S Section so they may not even be aware of this issue. We have used our LA RSO before on an issue associated with a public road 'outwith our control' and they were able to provide useful advice and a bit of 'clout' to get things addressed - might be worth a go. FH
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#14 Posted : 04 April 2008 14:43:00(UTC)
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Posted By Pete48 Would anyone care to explain or identify the difference in this scenario and one in which I, as an employee, work between 6 different locations and regularly walk, drive, travel on an omnibus or train etc in order to reach my different "places of work"? I am having great difficulty in understanding some of the advice given so far. Safely crossing a public highway is a life skill is it not? Providing and maintaining a safe highway for all users is a local authority responsibility and not an employers, is it not? Driving safely at all times is an individual duty, is it not? Acting reasonably is an individual responsibility, is it not? If I am knocked over by a vehicle whilst crossing the road on my way to another factory is this an accident at work or a road traffic accident? From whom would I be able seek redress? Could my employer really be accused of failing to protect my H&S in such circumstances? (case history required please) Perhaps these were the real questions in this thread. Any legal minds care to elucidate?
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#15 Posted : 04 April 2008 14:56:00(UTC)
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Posted By Gra Clarke Hi, The area I am coming from is Scetion 2 (1) HSAWA 74. They are at work, under our control and being instructed to cross the road. What is the difference between this situation and crossing an internal road where lorries move up and down, you would still need "life skills" is this defence enough? Graham
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#16 Posted : 04 April 2008 14:59:00(UTC)
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Posted By I. M. Twining Pete48, the answer to your question is not an easy one and that is why there is so much discussion and how this should be treated. If you were injured between the various places you work then the HSE would look at the circumstances and make their decision based on what it was you were doing and how busy they are at that time. Cop out answer I know but bear with me. My company has had the misfortune to have an employee seriously injured whilst working on the motorway (highway maintenance). He was hit by a passing wagon who did not even realise he had done it. The Operative in question had just parked on the hardshoulder and got out of the vehicle to put traffic management in place. Simple one for the HSE to decide you would think as he was at his place of work carrying out his job. Not according to the HSE. He was on the motorway and they deemed it to be an RTA not a workplace accident. In another incident they decided to investigate an incident where one of our Operatives was injured whilst crossing the road to get his dinner. It didn't result in a prosecution or anything but was something we could well have done without. Their reason for investigating it was that he was crossing during work time and we as a company had a duty of care and should have looked after his welfare. Hence the reason for suggesting caution and keeping records of what has been done. Nothing is black and white as far as the HSE are concerned. Common sense and life skills are all well and good until somebody starts to question why you didn't act a certain way. Common sense dictates you don't put yourself in the way of having a accident but people do and get paid out day in day out, whether they were at fault or not.
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#17 Posted : 04 April 2008 17:11:00(UTC)
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Posted By Pete48 Hi guys, thanks for the replies. I can see a clear difference for those who are employed to work on the highway and I can see a clear difference for internal roadways which are clearly under the control of the occupier/employer. The duty of care is quite explicit in those cases, although the duty may not be totally that of the employer in the case of an accident on the highway. I still cannot see such an explicit duty that extends to the scenario. How about those injured or killed in train crashes who were "at work" using your interpretations? Do employers have a duty to get involved with the train companies to improve their safety in order to protect their employees whilst at work? Or is it reasonable to expect....? I can also see that one may get a different response from the enforcers. That I think is just life and requires positive management rather than a collection of records just in case. I am still intrigued as to the exact legal position, although I must admit it is only a passing interest. Maybe a friendly legal mind will come along and give us a bit of free advice??
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#18 Posted : 07 April 2008 09:53:00(UTC)
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Posted By Gra Clarke Hi Guys, Thanks for your replies, very interesting and some good avenues for further exploration but I am still no further down the road to a solution. I have not presented my views to Management yet but hayho thats life. Graham
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