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SallyOD  
#1 Posted : 13 September 2013 16:18:28(UTC)
Rank: Forum user
SallyOD

Following an interesting exchange of views on the WAH Regs, where a Contractor deemed it "best practice" to use a ladder on top of fixed scaffold to gain extra height. The scaffold was commissioned and planned by the Contractor but was not high enough. Given that the ladder was leant against the top handrail we deemed it unsafe and stopped the activity. However, although the Regs depict lots of info on ladder positioning etc., under various sections, I cannot seem to find anything that specifically states that ladders shall not be used on scaffolds to increase the working level height of employees. (Yet working with a lot of US companies, it IS spelt out in OSHA Regs) The Contractor now is claiming additional costs for down time whilst additional scaffolding was erected (which was paid for by the Client) Despite not planning the works sufficiently (reg 4) what would you see to be the redress? Be interested to hear from my learned brethen your thoughts!
Ron Hunter  
#2 Posted : 13 September 2013 17:23:00(UTC)
Rank: Super forum user
Ron Hunter

The Client's additional costs should be deducted from the contractor's fees, additional costs which arose from the contractor's incompetence.
The Contractor was presumably engaged to conduct the work in a safe manner and from working platforms (safe place of work at height) in accordance with hierarchy of WAHR. How far could a person have fallen from that ladder?
The Contractor's claim can simply be ignored for now.
frankc  
#3 Posted : 13 September 2013 21:28:26(UTC)
Rank: Super forum user
frankc

ron hunter wrote:
The Client's additional costs should be deducted from the contractor's fees, additional costs which arose from the contractor's incompetence.
The Contractor was presumably engaged to conduct the work in a safe manner and from working platforms (safe place of work at height) in accordance with hierarchy of WAHR. How far could a person have fallen from that ladder?
The Contractor's claim can simply be ignored for now.


I agree. To add to that, if i was the client, i would also remove said contractor from doing any future work if they believe using a ladder on a scaffold platform is 'best practice'
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