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Cooper80023  
#1 Posted : 01 September 2010 21:21:11(UTC)
Rank: Forum user
Cooper80023

Wonder if you can help? An employee refusing to work in our man basket because he say he has to wear a safety harness. I keep finding contradicting information as to whether you need one or not. Would anyone know the legalities of this or have come across a similair situation and how it was resolved. Thank you
Rick Warner  
#2 Posted : 01 September 2010 21:50:48(UTC)
Rank: Forum user
Rick Warner

Firstly i would ask if your Risk Assessment calls for the wearing of the harness, if yes, then the employee should wear it or be cautioned.
rick09  
#3 Posted : 01 September 2010 22:10:38(UTC)
Rank: Forum user
rick09

Even more simply, does the equipment have an anchor point fitted, if not even if you have one it can't be fitted safely. If there is one fitted, then it is intended by the manufacturer as a safety measure and must be complied with. Silly question, but does the harness fit the individual? (past experience)
Guru  
#4 Posted : 01 September 2010 22:18:22(UTC)
Rank: Super forum user
Guru

Whats his reasons for not wanting to wear the harness?
Alex Petrie  
#5 Posted : 01 September 2010 22:23:02(UTC)
Rank: Forum user
Alex Petrie

Depends really on the man basket. If it is attached to a boom type MEWP I would suggest a harness with fall restraint lanyard be worn. If a scissor type, it depends as Rick says on your risk assessment. A well known training provider for mobile access equipment recommends the above guidance. Some contractors require a harness & lanyard in all circumstances. But it will depend on where you use it, in what weather conditions - the north of Scotland isn't known for for its fair weather!
frankc  
#6 Posted : 01 September 2010 23:43:16(UTC)
Rank: Super forum user
frankc

Cooper80023 wrote:
Wonder if you can help? An employee refusing to work in our man basket because he say he has to wear a safety harness. I keep finding contradicting information as to whether you need one or not. Would anyone know the legalities of this or have come across a similair situation and how it was resolved. Thank you
Would it be possble for you to give more details on the type of 'man basket' you have and what it is attached to?
bob youel  
#7 Posted : 02 September 2010 06:46:55(UTC)
Rank: Super forum user
bob youel

Has the man worked in such situations before? As if not it may simply a case of being afraid of heights We had two lads [different cases] who did not tell us about their genuine fear of heights and when put in a certain work position [sent up in what look like normal lifts but they open out into open air work platforms/ganteries [In normal lifts in normal situations e.g. in a store or similar they were OK] froze. Thereafter we had to find them work at ground level
Wizard  
#8 Posted : 02 September 2010 08:14:14(UTC)
Rank: Forum user
Wizard

Cooper80023, Maybe to change the slant a little, is there a requirement to wear fall protection/ prevention devices for those working at height applicable under UK / Euro legislation? Would the use of your "Man Basket" a term I associate with an approved designed and tested basket to be lifted by a crane or similar device, be considered working at height? Regards Wizard
Alan Haynes  
#9 Posted : 02 September 2010 08:35:01(UTC)
Rank: Super forum user
Alan Haynes

Cooper80023 wrote:
........... An employee refusing to work in our man basket because he say he has to wear a safety harness. .................
Am I reading this wrongly? - my interpretation of the posting is that the man believes that he should wear a safety harness when in the man basket, and he won't go in the basket without one - every other poster seems to assume that he's refusing to wear one Whatever the interpretation of the question, I think the Risk Assessment should make clear what is required
Twinklemel  
#10 Posted : 02 September 2010 09:27:47(UTC)
Rank: Forum user
Twinklemel

I read it the same as you Alan - I think the person is refusing to work in the man basket without a harness. Hopefully the original poster will clarify!
Captain Safety  
#11 Posted : 02 September 2010 09:36:58(UTC)
Rank: Forum user
Captain Safety

Alan I also interpretated it, as the person is wanting to wear a harness before entering the man basket!
PhilBeale  
#12 Posted : 02 September 2010 09:45:40(UTC)
Rank: Super forum user
PhilBeale

I'm reading it that because he has to wear one harness he is refusing to go in the man basket. Otherwise why not just provide the Harness anyway if the guy wants to wear one what would the issue be in taking precautions above what might be on the risk assessment? Phil
PhilBeale  
#13 Posted : 02 September 2010 09:46:51(UTC)
Rank: Super forum user
PhilBeale

I always associate man baskets with those fitted on the front of a forklift in which case my view a harness would be required. Phil
firesafety101  
#14 Posted : 02 September 2010 10:24:37(UTC)
Rank: Super forum user
firesafety101

Has the empoyee received training for the task? If not why not? Such training would cover the use - or not of harnesses, and provide some practical experience in the basket.
Juan Carlos Arias  
#15 Posted : 02 September 2010 11:01:17(UTC)
Rank: Forum user
Juan Carlos Arias

quote=PhilBeale]I'm reading it that because he has to wear one harness he is refusing to go in the man basket. Otherwise why not just provide the Harness anyway if the guy wants to wear one what would the issue be in taking precautions above what might be on the risk assessment? Phil
couldn't agree more with this. I would be happy to have an employee who might be very safety conscious and at the end of the day these a harness is not that expensive nowadays. If the equipment is a cherry picker, then the harness must be worn.
johnmurray  
#16 Posted : 02 September 2010 11:26:43(UTC)
Rank: Super forum user
johnmurray

I read it as: the employee is refusing to use the equipment because no harness is provided. Obviously his employment is at risk ! And, incidentally, if you walk around most sites you will see cherry-pickers being used where the occupants are wearing safety harnesses. But not attached to anything other than themselves !
PhilBeale  
#17 Posted : 02 September 2010 13:00:53(UTC)
Rank: Super forum user
PhilBeale

I think more information is needed form the original poster otherwise we are all guessing with not all the facts. Which could be more harmful than useful. Phil
Cooper80023  
#18 Posted : 02 September 2010 17:05:06(UTC)
Rank: Forum user
Cooper80023

Thanks for your replies and apologies for the delay in getting back to you. Yes it was for an employee refusing to go in a man basket WITHOUT first being given a safety harness (it is a man basket for that sits in the forks of a FLT) The risk assessment did not highlight the need for a harness, as we deemed it not necessary and the employee has been doing the same job for a while with no problems. Apologies for the confusion, however we don't feel the need to provide a safety harness for this job, which will in turn lead to more cost for the business i.e. we provide one harness then everyone wants one, the training on how to use the harnesses, the upkeep maintenance etc. Might be deemed as penny pinching but "look after the pennies" as they say
Safety Smurf  
#19 Posted : 02 September 2010 17:21:48(UTC)
Rank: Super forum user
Safety Smurf

If that many people are using the cage that you are worried about the cost of harnesses then I'd suggest using a cage is the wrong piece of equipment in the first place. I certainly wouldn't want to stand in a dock and justify why I deemed harnesses unneccassery.
David Bannister  
#20 Posted : 02 September 2010 18:12:21(UTC)
Rank: Super forum user
David Bannister

Hi Cooper80023, if your reasoning for the use of the FLT cage without a safety harness and attachment is sound, then that is your reasoned conclusion. However, if this is a regular and predictable task that involves work at height then I agree with Safety Smurf: are you using the right method? HSE Guidance Note PM28 is quite explicit on the subject and well worth a good read.
johnmurray  
#21 Posted : 03 September 2010 00:06:12(UTC)
Rank: Super forum user
johnmurray

If it is "regular and predicable" then a forktruck mounted platform should not be used.
PhilBeale  
#22 Posted : 03 September 2010 10:28:07(UTC)
Rank: Super forum user
PhilBeale

My view would be that a safety harness is required as the person in the basket has no control over the movements of the forklift, so while the forklift operator may think he his being helpful by repositioning in could in fact unbalance the person in the basket and cause them to fall. also by the time the basket is at a height small movement on the ground would be a lot greater at the top. I don't see the purchase of a couple of harness's and lanyards and training is going to be that expensive and by the sounds of it you are putting people in this position on a regular basis. I would say that I'm on the employees side on this one. Phil
IanS  
#23 Posted : 03 September 2010 10:48:12(UTC)
Rank: Forum user
IanS

Totally agree with Phil on this one. Also don't forget the training of the FLT operator. We had a near miss a couple of years ago when the cage was not correctly mounted on the forks!
johnmurray  
#24 Posted : 03 September 2010 12:02:32(UTC)
Rank: Super forum user
johnmurray

Not forgetting that the harness should be the restraint type and not the fall-arrest type...
Graham  
#25 Posted : 03 September 2010 16:39:11(UTC)
Rank: Forum user
Graham

Safety harnesses are all well and good. But do you have the ability to rescue the guy should he fall? Even with a harness a fall can have very serious implications and a very dim view would be taken if you couldn't rescue him safely and very quickly (less than 20 minutes is a a time I've heard.) The very best of luck sorting this out, obviously a tricky situation on lots of fronts, as always...
johnmurray  
#26 Posted : 03 September 2010 17:25:22(UTC)
Rank: Super forum user
johnmurray

? Where is he going to fall to ? The deck of the work basket ? That's why a work restraint should be used, not a fall-arrest harness. That way he/she/it will only have enough freedom to do the job within the area of the basket. Anything more and you need to think about the job more.
Canopener  
#27 Posted : 03 September 2010 21:17:49(UTC)
Rank: Super forum user
Canopener

‘Cooper’ - first things first I don’t Have a great deal of experience of these baskets, but I know what they are and have seen them in operation. My ’gut’ feeling would be that a restraining harness may well be appropriate. I note that you say “The risk assessment did not highlight the need for a harness, as we deemed it not necessary..” which is Ok to a point, but do wonder whether you might want to revisit that as I don’t know about others, but a couple of things that you have ’said’ at #18 are sort of ringing alarm bells with me; specifically: 1. “and the employee has been doing the same job for a while with no problems” - I am wondering if that is ‘you’ that doesn’t have the problem, or the employee that doesn’t have the problem. He clearly does now, not that is necessarily a case for changing your precautions, but it does suggest to me that you may want to consider reviewing your risk assessment. Or do you mean by ’no problem’ that nobody has managed to fall from the cage - yet?! and 2. “which will in turn lead to more cost for the business..”. If the risk is such that a cost has to be incurred, then so be it. Again I note that your original assessment suggested a harness was not necessary, but see above and the other posts in the thread. Any decision NOT to provide something must be after consideration of both the risk and the cost, not the cost alone i.e. SFARP. I do not advocate changing procedures, or the result of a risk assessment just because someone is ’kicking off’ or ‘moaning’ a bit or whatever, but do bear in mind that their concern may be entirely valid, and I do wonder whether you need to take a step back and reconsider/review. Don’t just consider the pennies!
PhilBeale  
#28 Posted : 04 September 2010 10:30:03(UTC)
Rank: Super forum user
PhilBeale

Graham wrote:
Safety harnesses are all well and good. But do you have the ability to rescue the guy should he fall? Even with a harness a fall can have very serious implications and a very dim view would be taken if you couldn't rescue him safely and very quickly (less than 20 minutes is a a time I've heard.) The very best of luck sorting this out, obviously a tricky situation on lots of fronts, as always...
I think the fact that the basket is attached to the front of a forklift would make it pretty easy to lower but as John says he shouldn't be able to get beyond the confides of the basket if a restraint lanyard is used. Phil
boblewis  
#29 Posted : 04 September 2010 10:41:18(UTC)
Rank: Super forum user
boblewis

Harnesses are required for all variants of this equipment OTHER than scissor lifts. I always maintain that if you state that a harness is used on a scissorlift, even via the risk assessment, then your logic leads to their use on scaffolds also!! I do agree that you appear to be using the wrong piece of equipment Bob
Guru  
#30 Posted : 04 September 2010 11:53:54(UTC)
Rank: Super forum user
Guru

Answers all the questions you may have on 'non integrated' work platforms. www.hse.gov.uk/workplacetransport/pm28.pdf
PhilBeale  
#31 Posted : 05 September 2010 10:29:33(UTC)
Rank: Super forum user
PhilBeale

A lot of people have commented on the fact they are using the wrong piece of equipment given the frequency of the work, which i wouldn't disagree with. But we also need to remeber that companies might not have a few thousand pound laying around to spend on new equipment. So while it would be good to be able to buy the new equipment it is not always possible so as H&S bods we need to look at the next best alternative. Which might be to make the current method as safe as possible and i would say training personnel on the use of harness's might be what we have to accept we have to accept for the immediate future until an alternative to having to do the activity can be found or better equipment can be purchased. You can't always throw money at a problem. Phil
firesafety101  
#32 Posted : 05 September 2010 10:33:24(UTC)
Rank: Super forum user
firesafety101

Try telling the HSE Inspector that when he attends following an accident.
johnmurray  
#33 Posted : 05 September 2010 15:16:46(UTC)
Rank: Super forum user
johnmurray

While the use of a lift-truck mounted work cage is [maybe] ok for a quick lamp-change, I see nothing but grief [eventually] by using the thing for regular maintenance or installation. My memories of lift-truck mounted cages are of devices that sway alarmingly (fore/aft/side-to-side), which largely depends upon the state of the forks and mountings of same....given the use of the trucks and the basic nature of the parts I do not see that getting better with time ! The inevitability of something going wrong given the very basic nature of the whole system is also something to consider. Since a harness and restraint lanyard cost less than 75 quid I do not see the cost as unaffordable. A lot less costly than having the works premises closed for a few days while police and H&S personnel investigate a serious or fatal accident. That's if we're talking cost as "financial" and ignore the personal grief aspect
Captain Safety  
#34 Posted : 06 September 2010 14:56:09(UTC)
Rank: Forum user
Captain Safety

A very interesting debate, from what I can establish an employee has been carrying out this task for a while and now feels or has been informed that he should be wearing a safety harness when in this man basket. What are the manufactures guidelines for this piece of equipment? I agree with the majority that a safety harness would give extra personel protection from a fall from hieght and in relation to the cost element if there was an accident and it was documented that an employee or employees raised this as a concern, it would be very difficult if an investigation deemed a harness should have been worn but the employers risk assessment stated it was not required. Their is also the human aspect of over reaching to carried out the task rather than repositioning FLT to save time. Re-visit risk assessment and look at both employer and employee requirements to carry out the task safely.
RayRapp  
#35 Posted : 06 September 2010 15:14:44(UTC)
Rank: Super forum user
RayRapp

Forgive me for interjecting but, surely it depends on the type of MEWP? Scissors lift baskets are normally designed so that fall arrest equipment is not needed ie guard rail insitu, whereas a cherry picker or any similar boom type equipment will require the user to wear fall arrest. Why insist on fall arrest if it is not necessary?
Safety Smurf  
#36 Posted : 06 September 2010 15:26:40(UTC)
Rank: Super forum user
Safety Smurf

Hi Ray, It was established in #18 that the basket is one that is attached to the forks of a forklift truck.
chris121  
#37 Posted : 06 September 2010 15:34:25(UTC)
Rank: Forum user
chris121

you will find HSE stance on this subject here http://www.hse.gov.uk/workplacetransport/pm28.pdf
RayRapp  
#38 Posted : 06 September 2010 15:51:42(UTC)
Rank: Super forum user
RayRapp

Smurf Apologies, I will mind my own business...
Fletcher  
#39 Posted : 06 September 2010 17:48:04(UTC)
Rank: Super forum user
Fletcher

Afternoon, Personally I would be more worried about the use of the basket in the first place. I am not sure from what I have read that by using the basket the company is complying with LOLER & PUWER to name but two. So just a couple of thoughts to throw into the mix, 1) Is the basket specifically made by an approved manufacturer to fit the forklift that it is being used with or is it something made in-house? 2) Is an external compatibility certificate stating that the basket can be used on this fork lift available? 3) If not how is the basket attached to the fork lift, what stops it falling off and who approved it as compatible? 4) Is the basket regularly inspected by a competent person e.g. insurance surveyor and is that inspection recorded? 5) Is the SWL of the basket known and visible on the basket? 6) Does the task that the basket is being used for come within that SWL taking into account, the person their tools, any equipment being loaded into the basket. 7) What is the height of the work being carried out and how does this affect the stability of the forklift? There are a lot more but that's enough
johnmurray  
#40 Posted : 06 September 2010 18:07:50(UTC)
Rank: Super forum user
johnmurray

Captain Safety wrote:
Their is also the human aspect of over reaching to carried out the task rather than repositioning FLT to save time.
Which is why, in this use of lift-truck/workcage, a fall-restraint is NOT to be used but a WORK RESTRAINT should be. The equipment should be long enough to allow the operator to perform the job without going outside the limit of the man-cage (or woman-cage) (or maybe the non-gender-specific cage ?). But since a lift-truck mounted work platform is a poor-relation to a decent piece of equipment....
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