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Guitarman1  
#1 Posted : 13 June 2011 09:08:57(UTC)
Rank: Forum user
Guitarman1

I have a scenario, where the client is providing the equipment (hiring) the crew to build it and the operators to operate it at a multi contractor event. The equipment is being used to lower a "celebrity" from the roof to the stage as a grand entrance. Suitable risk assessments and method statements are in place and a number of contingency policies in the event of power failures, emergencies, evacuations etc. All equipment and inspection conforms with LOLER, PUWER etc A concise tool box talk has been devised for operators and "celeb" My client, has decided not to include the contingency policies or the tool box talk as that is an addmission to responsibilty, whereas, they feel the event organisor should assume responsibility. Any response would be most helpful Thanks
David Bannister  
#2 Posted : 13 June 2011 15:16:32(UTC)
Rank: Super forum user
David Bannister

Hi Guitarman, I had assumed (maybe mistakenly) that this type of arrangement is commonplace at very many venues, the venue management agreeing with the event organisers who is responsible for what, usually via an agreed or standard form of contract. There is of course the statutory obligation to co-operate when two or more employers are involved. If the responsibility for and consequences of equipment failures have not been agreed by contract then get the lawyers involved now. The venue and event insurers will also have strong views on this topic and may well have limitation/exclusion clauses in the policies. Consult with them too.
David Bannister  
#3 Posted : 13 June 2011 15:19:17(UTC)
Rank: Super forum user
David Bannister

PS. Take That's lawyers are probably pursuing an action against someone for the consequences of equipment failure at the recent Manchester concert.
MB1  
#4 Posted : 13 June 2011 15:20:50(UTC)
Rank: Super forum user
MB1

Robot wars again!
Guitarman1  
#5 Posted : 13 June 2011 17:05:16(UTC)
Rank: Forum user
Guitarman1

Thanks S4B Unfortunately, many aspects of a show are often last minute, although robbie the robots paralysis in Manchester, was unplanned, the robot had been included in the show right from the beginning. My main concern with the initial post was whether my client was responsible, either fully or in part for the safety of the "celeb" as they supplied, built and operated the lifting equipment. I take your point regarding lawyers etc, however in the real world, this is not always carried out. Thus it becomes one of the reasons I stay within this industry, with almost 20 years "Rockin' an Rollin' or is that proceeding without fear of slip or trip? it's my core knowledge area
David Bannister  
#6 Posted : 14 June 2011 09:02:31(UTC)
Rank: Super forum user
David Bannister

Guitarman1 wrote:
My main concern with the initial post was whether my client was responsible, either fully or in part for the safety of the "celeb" as they supplied, built and operated the lifting equipment.
Supply build & operate seems to me a perfect basis on which to base responsibility and even a very tightly worded commercial contract could probably be circumvented in the event of equipment (or operator) failure. Your client needs to get it right, every time. Breaking the leg of even an XFactor also-ran would prove expensive. Guitarman1, you look to have a great job: any vacancies?
Guitarman1  
#7 Posted : 14 June 2011 09:09:44(UTC)
Rank: Forum user
Guitarman1

S4B... As I suspected, in fact I refused to write any policy which absolved responsibility in any way (I may not have this client much longer) It's a fantastic area to be in, challenging, rewarding, diverse and a complete pleasure, and I want to keep it ALL to myself... as if! I am just one small cog in an ever expanding world.
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