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Roland  
#1 Posted : 31 October 2011 10:56:01(UTC)
Rank: Forum user
Roland

I recently had 6 members of staff including myself trained as vehicle banksmen at our place of employment. The trainer sais ''we are not authorised to perform banksman duties on the public roadway''. If my trained staff are performing vehicle banksman duties by assisting a articulated lorry to access and egress safely onto a public roadway from our premises, is this illegal?

RayRapp  
#2 Posted : 31 October 2011 11:23:19(UTC)
Rank: Super forum user
RayRapp

Not to my knowledge.

It was a shame you did not ask the trainer the same question. Indeed, what training is one 'required' to have to act as a banksman for vehicles accessing the public highway?
Roland  
#3 Posted : 31 October 2011 11:39:08(UTC)
Rank: Forum user
Roland

At the time of the training it was not envisaged this issue would have come up. The trained staff are saying that only a policeman should stop vehicular traffic to allow movement of other vehicles or persons. This to me is cost intensive if everytime we have to hire a policeman to direct a large lorry safely onto the roadway.
Roland  
#4 Posted : 31 October 2011 11:43:14(UTC)
Rank: Forum user
Roland

Honestly. I think it is only employees trying to make H&S difficult.

But i have instructed them to carry out the task with all control measures in place, as safely as posible, and without risk of injury to themselves.
Clairel  
#5 Posted : 31 October 2011 12:13:59(UTC)
Rank: Super forum user
Clairel

Roland wrote:
If my trained staff are performing vehicle banksman duties by assisting a articulated lorry to access and egress safely onto a public roadway from our premises, is this illegal?



No! Or at least not to my knowledge. Certainly not against the law in relation to the HSWA. It would be the Highways Act etc and I was never told I couldn't, were you. And hundreds or thousands of people would be breaking the law every day if it was against the law.

I despair....is it Friday yet....can I go home.....oh, I am home......
O'Donnell54548  
#6 Posted : 31 October 2011 14:35:30(UTC)
Rank: Forum user
O'Donnell54548

Following an unfortunate incident at a previous employer we had all the refuse teams attend 'reversing assistant' training courses. I can not see the difference between this and your 'Banksman' training in reference to public roads?
Ken Slack  
#7 Posted : 31 October 2011 14:51:03(UTC)
Rank: Super forum user
Ken Slack

Roland wrote:
only a policeman should stop vehicular traffic to allow movement of other vehicles or persons.


Is that written anywhere, if it is then the poor blokes standing with their red and green lollipop sticks were breaking the law this morning, and the lollipop lady outside our school.......
Roland  
#8 Posted : 31 October 2011 15:37:20(UTC)
Rank: Forum user
Roland

Actually under HSE document Workplace Transport Safety: Deliveries #4 When manoeuvering on public roads, remember that public traffic and pedestrians have priority and that signallers have no legal authority to stop traffic on the public highway.''
Roland  
#9 Posted : 31 October 2011 15:41:50(UTC)
Rank: Forum user
Roland

My feeling is this seems to be a grey area. If as it says in the HSE document that signallers have NO LEGAL AUTHORITY TO STOP TRAFFIC ON THE PUBLIC HIGHWAY, then it is illegal.
Clairel  
#10 Posted : 31 October 2011 15:44:12(UTC)
Rank: Super forum user
Clairel

Roland wrote:
My feeling is this seems to be a grey area. If as it says in the HSE document that signallers have NO LEGAL AUTHORITY TO STOP TRAFFIC ON THE PUBLIC HIGHWAY, then it is illegal.


Having no authority to stop traffic is not the same as illegal.

It means that the traffic are under no legal obligation to stop for you. Not that it is illegal for you to try and stop traffic to assist a vehicle.
Roland  
#11 Posted : 31 October 2011 15:54:30(UTC)
Rank: Forum user
Roland

Ok. If ''traffic are under no obligation to stop for you'' them by me asking staff to carry out this manoeuvre i will be putting my company in the frame for litigation, should an accident occur?
Graham Bullough  
#12 Posted : 31 October 2011 16:09:54(UTC)
Rank: Super forum user
Graham Bullough

Most of us can probably guess how the Police would respond to a request along the following lines: "We're told that only a police officer has the authority to stop traffic on a public highway. One of our lorries has to reverse from our premises onto (name of road) at about (state approx time) today. Therefore, please would you be kind enough to send one of your officers to give us a hand?"

Another semi-jocular thought: RCVs (refuse collection vehicles) invariably need to be reversed while on their rounds. Therefore, perhaps local authorities and other operators of such vehicles should be asking for a police officer to accompany each RCV !

A response from Clairel has just appeared as I type this and seems spot on. All sorts of situations occur on public highways for which it is very appropriate for people who are not police officers to stop or direct traffic. One good example is at an accident scene where it is in everybody's interests to protect people and property by trying to prevent approaching traffic from making things worse. However, it is important that people, especially those whose work includes guiding vehicles, know how to try to control traffic when necessary and in an effective and safe manner. The guys who crew RCVs in my local area certainly seem to do so, even when the road concerned is one of the busiest trunk roads in North West England.
Roland  
#13 Posted : 31 October 2011 16:18:59(UTC)
Rank: Forum user
Roland

Thanks for all your replay's. I wanted to pre-empt any other negative situations from my staff becoming exacerbated because there is a lack of clarity on this issue. I will take all information under advisement and find a solution.

Thanks
Andrew W Walker  
#14 Posted : 31 October 2011 16:22:24(UTC)
Rank: Super forum user
Andrew W Walker

There is a white goods shop close to where I live and its on a main road. There is only one way in to deliver and the vehicle has to reverse out.

A guy from the shop dons a hi-viz, stops people walking past, then waves the vehicle back. He does the same with the cars on the road.

I have seen this done a few times; even on a busy Saturday afternoon with football traffic!

Common sense prevailed.

Delivery vehicle gets out safely, and the guy from the shop thanks the drivers; a quick wave to them.

Then we all get on with our business.

I can imagine that this happens on a daily basis up and down the country.

Andy
Graham Bullough  
#15 Posted : 31 October 2011 17:08:48(UTC)
Rank: Super forum user
Graham Bullough

There are likely to be thousands of scenarios of the sort described by Motorhead/Andy each day in the UK, hopefully with appropriate simple and effective measures to enable them to take place safely and without undue delay to everybody involved. Simples as the TV meerkats would say.

For some situations it may be easier to reverse off a road than back onto it. Among other advantages, the vehicle involved already occupies the road prior to the reversing manoeuvre, and other motorists may be better able to discern from its hazard warning and reversing lights its driver's intention to reverse. This helps reinforce the presence and signals of the banksman (or whatever term one prefers). Also, other motorists tend to be more likely to co-operate if the vehicle involved is notably bigger and heavier than their own vehicles.

Also, in some cases, would the presence of more than banksman be more effective? My recollection of seeing RCVs reversing off the trunk road as mentioned earlier is that one or two crew members concentrate on stopping vehicles following behind the RCV, while another crew member concentrates on guiding the RCV across what could be a busy pavement and into whatever yard or cul-de-sac is involved. Obviously, good co-ordination between everybody involved (driver and banksman/men) is needed.
RayRapp  
#16 Posted : 31 October 2011 18:51:41(UTC)
Rank: Super forum user
RayRapp

Mmm...Can you just imagine a scenario..."M'lud, we ran the person down whilst reversing our HGV because we did not wish to fall foul of the law by providing a banksman onto a public highway."

I really don't know what this industry is coming to.
pete48  
#17 Posted : 31 October 2011 21:32:16(UTC)
Rank: Super forum user
pete48

This looks like a simple misunderstanding to me.
Employees are indeed not authorised persons to direct traffic on the highway. But that doesn't mean it is illegal for them to do so.

The only signals from other people that a driver is required to OBEY are those given by a traffic officer, police officer, traffic warden, school crossing patrols. (see section 105 of the Highway Code for detail inc ref to relevant law). These are the "authorised persons".

The onus is ALWAYS with the driver of any vehicle to check that his/her proposed manouevre is safe to carry out. General legal opinion that I have sought today suggests that there couldn't be claims brought against the director of traffic as long as they work as trained instructed etc.
Thus, there is no legal right to direct traffic and EXPECT IT TO OBEY but equally no legal barrier to doing so.

Subject to proper assessment of the risk to employees blah blah........ get on with it.

So is this another elf'n'safety case or simply a matter that required a little further investigation and clarification?

When were we ever perfect? I can't recall that moment.

p48
Roland  
#18 Posted : 01 November 2011 09:50:36(UTC)
Rank: Forum user
Roland

No it is not another elf'n'safety case. I instructed my employees (trained vehicle banksmen) to assist the driver reverse his vehicle into the premises from the roadway, they refused due to their understanding of the training carried out. I then had to threaten disciplinary action if the instruction was not carried out.

I prefer to use disciplinary as a last resort, but at the time it was my only option. Eventually I put on my hi-vis jacket and assisted the driver in carrying out his manoeuvre.

I simply wanted clarification so as to give further instruction to the staff.
Graham Bullough  
#19 Posted : 01 November 2011 11:45:12(UTC)
Rank: Super forum user
Graham Bullough

Roland

Hopefully you've had enough advice/comments from the responses above to sustain a discussion with the trainer and/or his boss/es, if you haven't already had one. Even if the training was only sought for guiding lorries on-site, the trainer's comments about guiding lorries on to or off public highways were incorrect and misleading.

Full marks to you for being pragmatic and assisting the lorry driver at the time. However, what happens next time, especially if you are not available? Obviously a major aim of having a discussion with the trainer and/or bosses is to get confirmation about the status of guiding lorries on public highways so that you can share it with the other people.

If the trainer (and his employer if any) are external and won't co-operate, you could advise him/them that your organisation will look elsewhere in future for such training. In my experience over the years I've found that politely giving such advice when necessary to errant contractors can persuade them to change their attitude and performance!

Hope this helps. Also, if you are willing, it would be useful if you could briefly share the outcomes of this matter in due course with the rest of us on this forum. Other forum users with similar situations might well find the information useful.

As an aside, I hope that forum users who drive routinely keep hi-vis jackets or tabards readily available in their vehicles for use in the event of an emergency. Even if guiding traffic isn't required, making ourselves more visible is a sensible part of self-preservation, especially during adverse conditions such as rain, mist or limited daylight.
stephenjs  
#20 Posted : 01 November 2011 11:51:05(UTC)
Rank: Forum user
stephenjs

Hi Guys this may be of help, its from a local police officer who gave me advice for an event and its traffic management

"With regards to traffic management the Police have no powers in law to arbitrarily direct traffic. It has to be for a lawful reason.
To employ Police staff to assist on the roads would involve the organisers/land owners approaching the Council for a Temporary Traffic Regulation Order (TTRO) adding certain prohibitions to certain areas of roads. This in itself would not give the Police the power to direct traffic, but would empower them as directed by the order. This would need to be applied for at the latest 28 days before hand to allow the Council to draft it and advertise the restrictions required, and would cost about several hundred pounds".

With this in mind your arguement for safety reasons would need to be adjusted as the Police do not have jurisdiction to manage traffic without a TTRO.

Kind regards

Stephen
RayRapp  
#21 Posted : 02 November 2011 09:35:05(UTC)
Rank: Super forum user
RayRapp

Hi Guys this may be of help...'

Sorry, but none whatsoever as far as I'm concerned.

What we are discussing here, correct me if I'm wrong, is a vehicle say reversing from a site or works and a banksman assisting the driver on to a public highway to ensure that it does not endanger members of the public or other road users.

Furthermore, a Duty of Care exists between one road user and another. Therefore it makes good sense to make sure large and unwieldy vehicles do not cause an accident by providing a banksman to assist the driver and warn oncoming traffic - simples.
Graham Bullough  
#22 Posted : 02 November 2011 14:49:39(UTC)
Rank: Super forum user
Graham Bullough

Like RayRapp I can't see the connection between TTROs and the highly transient (often less than 30 seconds) act of reversing a large vehicle on a public highway. Also, Police officers routinely stop and direct traffic as necessary in relation to accidents and other emergencies on motorways and other highways.

As an aside regarding TTROs, I have the impression, rightly or wrongly, that they are mainly used for planned road or utility maintenance/repair projects which will require road stoppages or otherwise affect traffic flows e.g. by use of temporary traffic lights.

It is highly likely that, cumulatively, UK local authorities spend considerable amounts of money (i.e. our money as taxpayers) processing TTRO applications and placing related notices in local newspapers, etc. Such notices seem to be very detailed, difficult to understand and are probably read by very few people. If the coalition government is intent on reducing unnecessary costs to taxpayers, perhaps it should amend the TTRO legislation to allow/require councils to display temporary road signs at or near the affected roads to give motorists advance warning of impending closures, temporary traffic lights or lane restrictions, etc, and abandon what appear to be useless legal notices in newspapers. Also, TTRO legislation presumably incorporates exemptions to allow closures, etc to take place with little or no advance notice in connection with urgent work for emergencies, e.g. gas leaks, vehicle-damaged parapets on bridges, etc.
Ken Slack  
#23 Posted : 02 November 2011 15:09:35(UTC)
Rank: Super forum user
Ken Slack

Look at it from a different perspective, Banksmen should not be routinely engaged in 'directing' traffic. They should be seen as giving information to their own driver on hazards that he/she cannot see. Which includes pedestrians, vehicles and distances to obstacles. They can also be seen to be giving information to other road users as to the hazards. The banksmen may not have a legal right to direct traffic but they can inform other road users, who will act as they see fit ... Also the reversing vehicle does (in most circumstances) have the right to manouevre on the highway.
farmsafety  
#24 Posted : 03 November 2011 13:12:52(UTC)
Rank: Forum user
farmsafety

Roland

Are you sure that your trainer covered the relevant issues when directing traffic on the public highway?

There are issues to cover when instructing employees on the correct procedures to follow when guiding a reversing vehicle on site - signals, familiarity with the site, safety of other site operatives, blind corners, obstructions, etc., and other issues when halting the passage of road vehicles, pedestrians, etc., when on a public highway.

It may be that his training stated that it did not specifically cover highway issues and thus the reluctance of your staff to do so. Some further training may be the answer.

As mentioned previously, highway users are obliged to stop only for the police, etc., and thus you, I, or any other person, when considering it is necessary to attempt to stop traffic, must wait until a cooperative driver chooses to do so, or when the road is clear. Though such effect is considerably enhanced by high-vis clothing, hard hat and signage!

We have a similar situation in agriculture with some of the large harvesting machinery and the police inform me that we cannot actually stop traffic on the highway to allow a large machine out of a field but have to indicate our intention to do so and wait until a cooperative driver stops the traffic (wishful thinking) or wait until the traffic is clear. The front attachment on some of these machines mean that the driver cannot see the traffic when exiting the field.

Similarly, with cattle or sheep crossing the highway there is no obligation on the motorist to stop for the farmer. One such situation was a dairy farmer at his wits end in the Dales trying to get his cows across a very busy road with little, if any, cessation in the traffic, twice a day and every day. Though the Highways Authority had installed amber flashing lights, the traffic still would not stop! (As the lights never went red). The farmer informed me that his biggest safety risk everyday was simply getting his cows across the road.

Though the use of a banksman must be carefully assessed and used only when appropriate. See the following for when the use of a banksman was wrong: http://www.hse.gov.uk/press/2010/coi-se-1312.htm, and http://www.hse.gov.uk/press/2011/coi-se-2604.htm for when a banksman was not there but should have been.
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