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Posted By Exdeeps
Good Afternoon All,
I know what I want to do, but it's 2pm on Saturday.....
I've just walked past my local shops and watched a painter touching up the windows of a local office. 2nd floor from a scaffold. Problem is the scaffold is boarded to allow access to the 3rd floor and the guy I was watching was crossing from transom to transom in trainers without any form of fall protection or boarding etc.
Now I could have gone and had a chat with the guys working but I reckon the best I could have expected was a less that polite invitation to push off.
I could contact the office occupants on Monday (Solicitors no less)
I could contact the HSE, either by e mail (10 days response according to the web site) or I could wait until monday and phone.
Or I could contact both the occupants and the HSE on Monday?
So, should I have at least tried to discuss the issue with the guy at the time, should I just send an e mail to the HSE or should I phone 1st thing Monday?
By the way, I nipped home and grabbed my digital SLR for a couple of phots, as they say, a picture is worth a thousand words.
Oh, another question occurs, if I choose to let others have a copy of the phots, do I need to protect the occupiers name (Sign is visible in a couple of shots) and do I need to protect the scaffold co's name, again sign visible in the pictures?
Jim
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Posted By Jonathan Sandler CMIOSH
the trouble with your comments and observation you have placed on this web site is that some of the partisipaents might work for either the HSE or EHO.
The trouble with our job is when to take action.
What if, by the time you had returned from getting your camera the person had fallen and was dead? 2 days later the police notice outside the site asked for witness, what would you do? (EXTREAM CASE)
Our job is confrontational, and nobody likes being told what to do.
The best advice I can give you is write a report of what you saw, find out who the Principle contractor is, email the report to a director and their H&S person.
The HSE will not attend site, you can alwas send it to them, also get in contact with the F10 department if you can not find the name of the PC.
Me I would nick them.
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Posted By db
Alternatively you could look at 98% of scaffolding around the country on small jobs such as this and realise that these guys are trained and know what they should be doing but choose not to.
They're not going to say "Oh, thanks mate. I didn't realise. You have a nice day".
And what if they did fall? You could kid yourself and think that by talking to HSE, their employer or the client will have any effect on their behaviour. You could feel guilty that you didn't do anything but you will not change his attitude. He may stop but he'll carry on at the next job.
It's the enforcing authority's responsibility to enforce. It's not yours just because you have some knowledge of what he should be doing. Would you flag down a passing motorist who is using a mobile to tell him off? No. It's the police's job.
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Posted By Mike Miller
Well it the 'WHITE VAN MAN' again aint it?
The construction industry has a bad safety record according to the statistics. Its no wonder when much of those stats come from the the types of small company's that operate in that manner. By that I mean People who obviously know what they should do as they have at least provided scaffolding however, choose to ignore IITS!
This is not to say that all small company's are bad! far from it! But clearly the HSE does not pay enough attention to the rogue elements of smaller construction/maintenance companies. Theyre to busy dropping in on larger high visability company's who have notified, have SSoW and who employ only competent people.
As for submitting pictures to the HSE, I did it some time ago and with no effect. The company in question continued as usual until the job was completed some 4 months later? I passed them twice a week and wondered if anything had happened?
For me the 'stop and have a chat' approach is much better. If they tell you to do one! so be it, at least you tried and your consience is clear.
Cherio!
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Posted By MT
If it was a solicitor's office, then this would fall within the remit of the Local Authority for enforcement, not the HSE, and therefore you should contact an EHO or H&S Authorised Officer within the LA. They should then go and talk with the solicitors regarding their procedures for the control of their contractors, and they can also take action against the contractor if they are still on site and the Officer can see a clear breach of regulations.
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Posted By Pete Longworth
I'll go along with db on this.
What would you do if you were walking down the street and you saw:
Someone smacking a child?
Someone dropping litter?
As db said someone driving while using a mobile phone?
Someone driving without a properly secured seat belt?
Someone with a passenger who didn't have a properly secured seatbelt?
A motorcyclist without a crash helmet.
Someone smoking in a HGV?
Would you intervene in every case? Would you dash off a written report to the appropriate enforcing authority, (heaven forfend that we should report to the HSE what should be reported to the EHO), would you nip home for a camera for extra evidence? I don't think so.
We are not policemen. If something is within the remit of the LA or HSE or EHO or police it's up to them to enforce it. You are not on duty 24 7
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Posted By MT
I agree that it is the enforcing authority's job to enforce and I don't think the original poster would dispute that either, but I think he was asking if he should report it to the enforcing authority.
As an LA officer, I am always grateful to people who take the time to bring situations such as this to my attention. I cannot be everywhere all of the time, as my work includes towns which are at least a one hour drive from my base, and unless someone phones and tells me about these things, I can do nothing about them. I would always advise members of the public, H&S practitioners or not, to report something which worries them.
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Posted By db
It's always a good idea to contact HSE or the LA. A complaints officer will probably deal with it for the HSE and an inspector will not necessarily go out. If the complaints officer phones and the company insists it's all being done by the book then that may have been why it seemed like nothing was done.
MT - it may be LA enforced but just because it's an office doesn't necessarily mean it's LA. In fact, anything to do with the external fabric of the building means it's HSE according to the appendices of the Enforcing Regs.
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Posted By Pete48
Exdeeps, I think the reality is that you are unlikely to be able to prevent immediate danger in these circumstances. If you try to intervene directly, you might often put yourself at a very obvious risk of personal danger. There is also the point that it is just as likely that those carrying out the work feel they have no option rather than a cynical lack of regard to safety. The scaffold ahould have been in place but it has been moved for the next phase and no-one told their boss. What impact is there on your personal professional iability if you advise them to stop work because that is what you would be doing?
What you can and should do is to make sure that you think about doing your bit towards preventing a recurrence and that is where your report to either the company or the enforcement agency comes in. If more safety professionals made such reports more regularly and frequently we might just get everyone to realise the true extent of poor safety in our workplaces.
What about the guys who use angle grinders to cut up paving slabs or paviours. No hearing protection, no dust controls, no public controls. Can you imagine the looks I got the other day when I arrived at a bus stop and then almost immediately moved away at the same time telling people why I was moving away? Nobody else moved, their choice and perhaps they could no longer hear me or maybe just thought it was one of those TV programmes where they set people up to ridicule them?
I reported my concerns. Perhaps if another 20 people had done the same thing, the response from the enforcers would have been more explicit?
Do I report everything I see? No, of course not, just the ones where there is clear and evident danger.
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Posted By Exdeeps
Thank you to all those that responded,
I contacted the occupiers yesterday and they confirmed that they are tenants of the building and the work was instructed by the landlord. My concerns were passed on to one of the practice partners to follow up.
Jim
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