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Thompson26223  
#1 Posted : 15 April 2012 22:48:21(UTC)
Rank: New forum user
Thompson26223

I would appreciate any help on the following issue:
A small franchise company delivers hygiene/cleaning equipment to a number of sites. The deliveries mean that the person delivering them is required to negotiate stairwells, restricted access/egress. Is the employer responsible for providing safe access equipment to address the issues of manual handling or is it the responsiblity of the franchise company.
RayRapp  
#2 Posted : 15 April 2012 23:19:36(UTC)
Rank: Super forum user
RayRapp

Not quite sure what the contractual relationship is between the delivery driver and the franchise from your post. However to answer your question, the delivery driver's employer (the person who pays his wages) is responsible for the driver's health and safety, hence he should provide suitable equipment and training.
Ron Hunter  
#3 Posted : 15 April 2012 23:50:31(UTC)
Rank: Super forum user
Ron Hunter

The franchise company creates the manual handling risk and therefore has responsibility to manage that.
In other respects, the employer at the point of delivery has a duty to provide a safe place of work in the broad sense - that doesn't extend to mitigating the franchise company's risks though.
It is reasonable to expect the franchise company to be aware that there will be deliveries to multi-storey buildings with no lifts and significant travel distance between the delivery vehicle and the piont of delivery - etc.
What to you mean exactly by "restricted" access/egress?
Steveeckersley  
#4 Posted : 16 April 2012 10:09:54(UTC)
Rank: Forum user
Steveeckersley

If the company was purely deivering to a loading bay - No problem. because what you have stated is they are going into different parts of the building then the company requesting the equipment has a duty of care as well as the delivery company. (Reg 10 of the management regs).
Basically an assemeent of deliverying the equipment should be undertaken and the risks minimised by whatever means.
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