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mesixfoot  
#1 Posted : 17 November 2010 11:53:05(UTC)
Rank: New forum user
mesixfoot

I have been contacted by an individual stating that he has been instructed to erect a Mobile Scaffold on a station platform staircase. He is PASMA trained but not to advanced level as required. The manager has told him to erect it anyway and keep quiet as he will shut the job down. He has still refused to do the work and stated that he is not qualified to do it. Two other people also not trained have erected a scaffold only used two out riggers not placed sufficient handrails and also not fitted the correct toe boards. The person is in fear of his job and wants to keep it, but he does not want to see anyone get hurt. What would be the safest way to report this without compromising this person and resolving these serious issues?
sean  
#2 Posted : 17 November 2010 12:23:35(UTC)
Rank: Guest
Guest

I am amazed in today's world that doing any work on Railway property isn't regulated and checked? I am sure the Railway bods on this site will come up with a resolution, however I think your friend should start looking round for another job, this bullying manager will not change his attitude, if he is prepared to take risks on Railway property he will take risks anywhere!
wizzpete  
#3 Posted : 17 November 2010 12:35:11(UTC)
Rank: Forum user
wizzpete

I can sympathise with your firends' predicament. I raised Safety concerns a few years ago that ultimately cost me my job, but you have to stick to what you know is right. You could try and get your friend to point out the financial implications by for example pointing them at http://www.hse.gov.uk/pr...sp?SF=CN&SV=4119373. Perhaps have a word with the platform manager, so the matter is raised by them (I presume they are the client?). Approaching the HSE is a last resort, but it may be necessary. As a station platform is a public place, any suspicion on your friend may be deflected to a member of the public, but its likely as he has already refused they may look in his direction and the problems he wants to avoid! Good luck!
IainFerguson  
#4 Posted : 17 November 2010 12:47:02(UTC)
Rank: New forum user
IainFerguson

I do not want to discuss the specifics, beyond stating that what you are describing, as well as being unacceptable morally, portrays a breach of Work at Height Regulations 2005 Regulation 5 - Every employer shall ensure that no person engages in any activity, including organisation, planning and supervision, in relation to work at height or work equipment for use in such work unless he is competent to do so or, if being trained, is supervised by a competent person. Any enforcing authority is likely to consider cautioning the supervisor and interviewing them for a breach of section 7 of HASWA. On the wider issue of reporting, there are several routes that the individual could take; Through the worksafe arrangement (which carries specific assurance of no comeback on individuals), in this case via the station manager; Union representative; Through CIRAS; or To a local ORR inspector (as it is an operational manager). If the situation is considered to present serious and imminent risk then they should cease work immediately and contact ORR as the enforcing authority - who do regulate this industry. Can I commend your colleague for his integrity and determination to do the right thing. Please contact me directly to discuss this issue in more detail.
Bob Shillabeer  
#5 Posted : 17 November 2010 13:24:21(UTC)
Rank: Super forum user
Bob Shillabeer

CIRAS will not deal with the problem directly. They will however advise the reporter to contact someone within Network Rail to get the issue addressed properly. The use of scafolding on an operation bit of railway infrastructure is very important as it coukld also directly affect the running line. The organisation that needs to become involved urgently is Network Rail. I suggest the prson concerned phones them NOW and get them on the job. The manager who is using his power needs to be taken to task as he is in direct contravention of the safety requirements of the client Network Rail.
johnmurray  
#6 Posted : 17 November 2010 14:23:07(UTC)
Rank: Super forum user
johnmurray

On 1 April 2006, responsibility for health and safety policy and enforcement on the railways transferred from HSC/E to the Office of Rail Regulation.
Bob Shillabeer  
#7 Posted : 17 November 2010 14:36:57(UTC)
Rank: Super forum user
Bob Shillabeer

John you are quite correct, but in the first instance you need to get the organisation responsible for the safety of the place of work to take action before you rush off to the enforcing body. The ORR will simply contact Network Rail first to find out what action they are taking before rushing off an inspector to look at it. ORR will take action should it become necessary but this will be done with the main party and if necessary the contractor in the first instance. I don't think Network Rail wouild simply ignore a report of unsafe working practice.
mesixfoot  
#8 Posted : 17 November 2010 14:37:30(UTC)
Rank: New forum user
mesixfoot

I have spoken to the H&S officer of the company involved who have said that they will contact the manager. The H&S guy was saying he was aware of scaffold in use and the job was important, however he said he would contact the manager and resolve the issue. He will get back to me as well to let me know what he has done. I will post the response on here for future reference. The person is my son hence not wanting to get him the sack. He is only 21 but has the morals not to work unsafely. Thank you Ian for your telephone call, and everyone for your comments they are appreciated. Feel freee to keep posting
IainFerguson  
#9 Posted : 18 November 2010 08:26:40(UTC)
Rank: New forum user
IainFerguson

John Murray is correct, but the following provides details on what is ORR responsibility. The Health and Safety (Enforcing Authority For Railways and Other Guided Transport Systems) Regulations 2006 (EARR) set out the enforcement responsibilities of ORR. EARR was amended in 2008 to improve clarity in the division of enforcement responsibility. Activities or premises not allocated to ORR for enforcement under EARR Activities are subject to enforcement by either the Health & Safety Executive (HSE) or Local Authorities according to the Health and Safety (Enforcing Authority) Regulations 1998 (EA98).
mesixfoot  
#10 Posted : 18 November 2010 11:36:40(UTC)
Rank: New forum user
mesixfoot

Final Update. I have had a call back from the company my son is working for. The H&S officer has contacted the on site manager to find out what the issues were. I have also contacted PASMA and a company called Ali Scaf who are the only PASMA approved centre for erecting scaffolds on staircases with advanced scaffold courses. The scaffolds are being erected by competent people with basic PASMA tickets, although they are deemed competent due to time served to erect the scaffold on the staircase. Ali scaff would only reccomend that an advanced certificate is present although PASMA stated that it would be nessesary. The company have sought advice from their own PASMA trainer and he has agreed that the scaffold can be erected by basic level scaffolders as the training is sufficient. A full apology from the site manager to my son has been given and assurance that this will not affect his employment. The manager is under pressure as he is running 5 jobs and this was just part of a bad day. Thank you all for your comments it was very useful.

Edited by moderator 22 November 2010 10:23:46(UTC)  | Reason: requested by Original Poster and third party

sean  
#11 Posted : 18 November 2010 12:02:35(UTC)
Rank: Guest
Guest

That is great news. It just shows how good this forum is with the experts giving the correct information. You should be proud of your son at his age sticking up for himself, sounds like he might have a career ahead of him in H&S?? Thanks for posting the outcome, I wish others would do so too, it shares good practice etc....
johnmurray  
#12 Posted : 18 November 2010 12:41:49(UTC)
Rank: Super forum user
johnmurray

Make sure he is in a union: Management promises are worth as much as fog !
freelance safety  
#13 Posted : 18 November 2010 14:03:55(UTC)
Rank: Super forum user
freelance safety

It’s nice to get that positive feedback!
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