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Posted By Gary Clarkson
This issue is causing some heated debate within our organisations at the moment. I would be grateful for members thoughts/opinions on the following scenario.
My organisation hires a scaffold from a reputable scaffold company, who build it properly on our land (which can be accessed by members of the public/residents/etc). A handover certificate is passed to us upon completion of construction and we inspect it to ensure its suitability for our work purposes. We carry out 7 day inspections by a competent person as required.
Upon completion of the work, we telephone the scaffolding company to "off-hire" it and follow this up with a fax. No confirmation of receipt is given (or sought).
A member of the public (lets say a child, for arguments sake)climbs the scaffold and is injured. This could be the day after the "off-hire" or 3 weeks later ( no inspections are being done)
My question is:
Who is liable with regards to statutory provisions (inspections, etc)and do we still hold a duty of care to the public?
I hope I have provided sufficient information, but if more details are needed, please shout.
Thanks for your thoughts, in advance.
Gary
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Posted By P I Kinvig
Not my area and therefore just an opinion:
If something has been done in order to ensure that my company can go about its business then I am responsible for it.
If what we have done is now a problem and I've told someone to fix it, then I walk past it everyday and see it isn't; would it be any defence to say 'I told ........ to sort that out?
"We dug a hole to fix the leak and I told the grounds department to get it filled in, so it's not now my problem that they didn't get around to it and you fell in."
Sounds a bit harsh on reading but I hope you get my drift.
How about telling the scaffold company you obviously have to comply with the regs so there will be a charge for you to continue weekly inspections on their behalf!?
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Posted By jayjay
Gary !
I understand your concern regarding 'off hiring'but if it was on my property/land for instance it would still be my responsibility to protect the general public/visitors wether they are welcome or not, therefore i would do everything in my powers to ensure that people, especially children can't climb it. I would either remove the ladder access or board it over and displays signs indicating that it was not to be worked on etc. I'd also remove the scaftag insert if that is the system you are using to show its not to be used.
Regards, JJ
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Posted By Ron Hunter
Sorry Gary, but I think you are liable. It wouldn't be there otherwise.
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Posted By Garry Adams
Gary
The Scaffold Contractor is duty bound to Guard the Structure by means of Fencing where there is a risk of members of the public mountaineering on the Scaffold. However, the buck stops with the principal with regard to overall security of the premises.
A similar scenario... if an intruder/trespasser, enters a site/premises and falls into an excavation, if the excavation is an-guarded then the intruder can raise an action against the Principal.
My advice would include
1. Pull the tag
2. Claim the Scaffold as Abandoned
3. Secure the Site
4. With hold purchase order for Scaffold
I would bet my bottom dollar you'll get a rapid response from the Scaffold Contractor.
Garry...
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Posted By MT
Agree with the other posts. It matters not a jot whether the scaffold is on or off hire - the fact is that as long as it remains on your site, it is under your control and therefore you are responsible for ensuring it is in a safe condition and that persons cannot access it.
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Posted By Gary Clarkson
Thanks all for your responses so far.
Do you feel it is any different if this scaffold structure was in a public area, say around a housing complex. I don't, in fact beleive the DoC is higher. but would be interested in other views.
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Posted By Robert K Lewis
Gary
At the end of the day you erected the scaffold and are responsible for its safe removal. Until it is removed then you remain fully responsible. If the scaffold is of no further use then youir management team really are not performing if it is still on site more than a week later.
Bob
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