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Construction Site Deliveries - who's responsible for the driver?
Rank: Forum user 
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I am part of the site safety team on a construction/engineering site. We inspect/witness every load that comes off the lorry/truck. Before our lifitng team proceeds the driver will open up the side of the lorry and undo the strops etc so the unload can be carried out, they then do the same but in reverse when packing up. For these operations the driver has to get up onto the truck and will walk along the flat bed. As there is a potential for the driver to slip and fall of the side where would the blame lie?
Deliveries are organised by each contractor so they deal with the delivery company and i have nothing to do with them. I would assume (I know never assume) that they would have signed some RAMS at their depo explaing the risks/control measures involved with unloads however as a potential accident could occur on our premisies would the blame fall on us for not requesting these RAMS and ensureing that they are sufficient? OR could we intergrate this task into our delivery unload RAMS and ask each driver to read/understand/sign them to ensure that we are covered. I am not asking for control measures in this forum i just want to know who is to blame. Please can someone share their thoughts? Thanks
Aaron
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Rank: Super forum user 
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Aaron
It's a good question but there is no definitive answer because it all depends on the circumstances if the driver was to have an accident. The haulage company as an employer have a duty to ensure the safety of their personnel. The recipient of the delivery will also have a duty to ensure the safety of others, so one or both parties could be liable.
There are controls i.e. fall protection, which can be put in place to prevent a driver from falling from the flat bed, or cushions to reduce the impact of a fall. The latter can be provided by the recipient but they are unwieldly and do require a degree of planning. At the end of the day it's about doing what is 'reasonably practicable' and doing nothing is no defence.
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Rank: Forum user
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Look For FORS and CLOCS in Google. In London there has been lots of discussion ref tfl/crossrail spec on vehicles.
The short answer is it's the site where the activity is that's going to get the visit from hse. In addition the operator will get their visit too.
If you are supervising, then you are deciding what is and is not acceptable to you on your site.
Drivers will do what they think is suitable and acceptable, operators will send the vehicles required for the load, Balfour Beatty are leading specs of vehicles for working from low level or with restraints around "upstairs" to prevent falling off, if you have specific needs, speak to the body builders about your requirements or CLOCS will already have a tfl spec for delivering that type of load.
Then you can be ready to talk to the operator about what you want(as an organisation)
Problem is there is a commercial process for selecting what we will have, and typically It's not been a factor high up in the buyer's mindset.
Ask your mates at other construction companies, particularly those who have adopted CLOCS & required FORS of people, B.Beatty, Vinci, Laing o'Rourk etc.
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Rank: Super forum user 
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Normally the Pricipal Contractor is responsible for everyone that turns up on the site and measures sghould be in place to ensure drivers have the correct PPE and their Lorries are to a standard required for vechicles on Site. The company who ownes the lorries should also ensure that their drivers have arrived with the correct PPE and abide by the site rules in terms of booking in deliveries and general site safety rules
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Rank: Super forum user 
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Your site - your rules - your responsibility
BUT ensure these are communicated in a clear and timely manner to your supply chain and if possible get confirmation they have received, understood and can comply. No good sulking about an inappropriate delivery vehicle if you didn't say what was required e.g. size/weight/schedule limitation at time of order
Feel free to reject/eject vehicles and drivers failing to follow sensible rules agreed with your suppliers.
Avoid meaningless tick box exercises (CSCS card) as these are not applicable for haulage professionals
And switch roles - as a driver why should I sign RAMS my role is to move product from A to B?
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Rank: Super forum user
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Your site - your rules - your responsibility
BUT ensure these are communicated in a clear and timely manner to your supply chain and if possible get confirmation they have received, understood and can comply. No good sulking about an inappropriate delivery vehicle if you didn't say what was required e.g. size/weight/schedule limitation at time of order
Feel free to reject/eject vehicles and drivers failing to follow sensible rules agreed with your suppliers.
Avoid meaningless tick box exercises (CSCS card) as these are not applicable for haulage professionals
And switch roles - as a driver why should I sign RAMS my role is to move product from A to B?
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