Posted By Gerry Marchant
I have been asked to respond to a scenario whilst I am undertaking a desk top exercise and top management have asked for a likely outcome to the scenario...can any of you learned people assist me please

5T/5M boom RTFL overturns on construction site..no one is injured and no damaged is sustained.
Operator reversing slowly and turning slightly with the forks at max reach.
Operator considers himself competent as doing this for past several years but no formal training...discussions took place with sub-contractor prior to commencing work on site and was assured by them that trainiend operator would be aviabable.
Incident reported and HSE have now advised that they will be conducting an investigation
What is the likely outcome to the organisation and under what legisaltion please

Posted By D H
Should have read CDVC

Posted By bill strachan1
CDVC??

Posted By Jim Tassell (2)
Lets cut to the story and avoid backpedalling into the nether reaches of CDM theory as this is of general application, not just construction.

1 - you specifically asked the subbie re FLT training.
2 - Subbie gave you a specific response that the driver on your site would be trained.
3 - Driver now turns out to be your original "grandfather" with no traceable training.
4 - We can reasonably assume that lack of training is a valid causative factor in this incident.

Is the subbie's statement re training recorded anywhere and do you have any contractual requirements (of course based on risk assessments) that indicate your expectation? If so, subbie has the biggest problems but you aren't yet totally out of the wood. Following on as part of your due diligence:

Did you ever ask to see the FLT driver's ticket? It's an easy and obvious check. If not, do not pass Go and hit "legal" button! If he produced a ticket then you're into potential forgery, which hits another big "legal" button.

Was there anything about the FLT driver's performance before the incident that might have put a reasonable person on notice that he was not driving properly? In other words, what oversight did you have of your subbies (I hesitate to use the word supervision as it is too baggage-laden)? If there's any evidence at all that he was driving poorly did you take action on it? If not, do not pass Go and pack toothbrush.

Sorry if some may find this a bit flippant but it saves the sanity!

Jim

Posted By Jim Tassell (2)
Bob

Careful. I'd hate to split hairs on the DO definition but see HSG6 - telescopic materials handlers are included in examples of FLTs. And anyway, as you hint, had there been an accident this arguement would get you nowhere. Anyway in the scenario someone has already sold the pass and told the HSE, so would you dare tell them to go away as it was improperly reported? No, nor would I.

Jim