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speed  
#1 Posted : 10 August 2010 12:45:11(UTC)
Rank: Forum user
speed

Heres one for the scaffolders, when an inspector inspects a ladder, is he: a) Only inspecting the integrity of the ladder, i.e. rungs secure, no splits etc etc or b) The integrity AND the mannor in which it is to be used, i.e. tied at least twice, on firm and level ground, right access for the job in hand etc? At the minute im at "a", although the job im on, if we inspect a ladder under the specs of "a" as safe to use, and a steel fixer uses the ladder in the wrong way and falls off it, are we liable??
tabs  
#2 Posted : 10 August 2010 13:30:52(UTC)
Rank: Forum user
tabs

Traditionally a ladder inspection is of the ladder - not the method of use. If you are connected to the users by contract, you could be liable to criticism and the company you work for could plausibly be liable in law (depends on the relationship). If you owe any kind of duty of care to possible users, and you spot an issue but choose to do nothing, you might be seen as being jointly liable in a civil case. If you are a member of IOSH, your code of conduct may require you to do something about it. If you are a moral person, your morals may require you to do something about it. Log it as an issue for resolution, not necessarliy as part of the inspection though :-)
tabs  
#3 Posted : 10 August 2010 13:33:50(UTC)
Rank: Forum user
tabs

Drat speed reading - missed the "scaffolder" part - I haven't the scaff inspector's qualification, so not sure if the scope specifically covers use or not, but the rest remains true and I would say your liability is pretty certain.
speed  
#4 Posted : 10 August 2010 13:54:07(UTC)
Rank: Forum user
speed

But why would we be liable. Say were on a massive project, with hundreds of ladders in scaffold racks around the job. If an operative then "chooses" to carry out an unsafe act, without us being aware of it, urely that couldn't come back on us. Of course if we seen an unsafe act, we would stop it there and then.
speed  
#5 Posted : 10 August 2010 14:00:25(UTC)
Rank: Forum user
speed

With regards to the relationship, say we were all sub contractors working for a main contractor, so no real contract with any of the other subbies.
Talpidae  
#6 Posted : 10 August 2010 15:41:27(UTC)
Rank: Forum user
Talpidae

As you don't state the type of inspector or inspection I must surmise. If you are inspecting all ladders on site you would apply a) to all those that are not in use i.e. in storage. You would apply a) + b) to those that are in use. Not knowing your relationship with the steelfixer it's difficult to comment. However if he is a subcontractor to you as a principal contractor, then yes you may have a liability. But the degree of liability depends on many factors. For example his level of training, availibity of supervision amongst others.
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