Rank: Forum user
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Hi,
I have a question regarding closing a pedestrian footway and creating a temporary footway.
I recently came across a job where one of our sub-contractors was carrying out a job in a pedestrian footway, which meant that the footway was closed completely. However, next to the footpath was a flat grass verge approximately 1.5 metres wide.
I asked the question as to why the guys had not set up a temporary diversion of the footpath along the grass verge, to which they replied "they didn't need to".
Now, there was no footpath diversion set-up and to be fair, there was not any suitable footpath on the opposite side of the carriageway.
I am not that familiar with Streetworks, but would appreciate some feedback from you guys that have, thanks in advance.
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Rank: Super forum user
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Hi there,
https://www.gov.uk/gover...afety-at-streetworks.pdf
There's useful information at the link above about how to set up diversions. Read from p28 about protecting pedestrians. Your grass verge may well be the right solution - it'll need to either be already suitable, or made suitable, for wheelchairs, buggies, etc.
If that's not possible, and no better alternative can be found, you can set up a footpath diversion into the carriageway (diagram on p34), but this will require local authority permission.
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Rank: Forum user
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Thanks gramsay.
The grass verge was cut back and flat, and pedestrian access including access for buggies, wheelchairs would have been fine. The site foreman argued that in the event of rain, the grass verge could become hazardous to walk over, again a very fair point.
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Rank: Super forum user
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Of interest: Talking to very highly paid big time barristers years ago they advised to do nothing and let the public decide for themselves as to what they would do in that situation as indicating a way implied some 'control' thereafter a duty followed then possible guilt is present should an accident happen
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Rank: Forum user
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Thanks Bob.
I have just spoken to a colleague of mine who is far more experienced that myself in this field and he has advised exactly the same as you, based on previous experiences, one of which ended in a legal claim.
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Rank: Super forum user
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That does not sound right to me!
If it is a highway then you are governed by the Highway Act and New Roads and Street Works Act. Unless you got statutory powers (Water, Gas, Elec etc.) you have to apply for a licence to work on the highway.
Even with statutory powers the New Roads and Street Works Act applies and you are obliged to follow the code of practice produced by the department of transport/highway authority.
It is some time since I dealt with this but I am sure you have a requirement to divert the highway, which includes the footpath. This may help:-
https://www.gov.uk/gover...afety-at-streetworks.pdf
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Rank: Forum user
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Hi Alfasev,
The closure is part of emergency works to undertake emergency repair of a gas network.
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Rank: Super forum user
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Emergency work does not provide a fig leaf to the exposure of the public to risks arising from work. It would seem to be simple enough to erect a plank and cone designated walkway. The do nothing laissez faire attitude will ultimately I fear lead to an even larger claim in the event of injury.
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Rank: Super forum user
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I inspect street works regularly. As well as providing a temporary footpath you should also have a 1 metre wide safety zone between the new path and the equipment used in the works IF the works present a hazard e.g. a rotating excavator with a bucket.
If the lads are only using saws and picks or a soil compactor and tar vibplate then they can omit the 1 metre as long as they take precautions with their tools, or stop work as they alert/guide pedestrians, but there still needs to be two sets of barriers either side of the temporary path.
In your situation in dry conditions I would divert pedestrians onto the flat grass verge.
In wet conditions I would divert the pedestrians through a barriered temporary footpath with kerb ramps in the road/highway ensuring traffic can accommodate the narrowing of the highway i.e. where appropriate two way traffic can continue, even if some 'giving-way' is required by oncoming traffic.
If safe flow of traffic cannot be ensured due to speed then a traffic management system (lights or stop/go sign man) is required.
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Rank: Forum user
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Thanks for your reply John.
It seems that the original work area had included the grass verge area up to the carriageway as an excavator was being used to excavate into the footway only. Once the works was complete, the excavation was backfilled, but not fully reinstated, hence the closure of the footway.
It seems my role is going to be expanded over the coming weeks to cover works in the highways, as my works normally only cover "on-site" works. So I need to get myself onto a Streetworks course.
Thanks again John for your post, appreciated.
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Rank: Super forum user
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ge,
Thanks for getting back. Yes if you are planning/managing anything on highways, and that includes footpaths ('pavements'), then the NRSWA training/ticket will be essential.
It's not all 'black-and-white', as usual with H&S. Very short term work, like a bit of paving repair or a small tarmac re-instatement, I allow to be accomplished without closing the footpath as long as one of the gang is there to pause the work and escort pedestrians through the work area.
This is a useful approach on narrow housing estate roads where it's not practical to make the road narrower with a temporary path. Same with village high streets which are often busy with buses etc and disruptions to traffic are best avoided as unnecessary hazards to both pedestrians and vehicles would arise.
John
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