Rank: Forum user
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we were discussing in the following in the office and thought it would be a good one to get some opinions on.
If a delivery comes onto site on a flat bed HGV covered with a tarpaulin and the driver has to get up on the flat bed to remove the tarpaulin who carries the liability for this activity. The site rules would not allow persons to gain access to the rear of a lorry but the Haulage contractors may say otherwise.
It would be really useful to know how people manage this on their sites.
Thanks
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Rank: Super forum user
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Hi Rory, could the tarp' not be pulled off from ground level? Surely the risk is when the tarp is put on as more often than not drivers have to access the lorry bed to get the tarp' on. I would have thought it possible if a little strenuous to do the removal bit from ground level thus eliminating possible falls - beware of slipping or falling backwards though when pulling.
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If its a trapaulin, driver will not need to climb on to trailer,when we unload a trailer we use crash bags if a person has to be on the trailor....but this is a last resort.....it was falling of a trailor that got me interested in H&S in first place..bigest threat is the weight of harp, lifting back on to trailer
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Rank: Super forum user
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The liability rests with the employer, as is normally the case with employees. There is an argument that the employee and the third party have some responsibility - in this particular case it is a weak argument. Ultimately it is the employer's responsibility to risk assess and to implement appropriate control measures to mitigate the risks arising from the activities.
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Rank: Super forum user
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Depends who's paying the Haulier.
Is this goods you have purchased from a 3rd party being shipped by them or have you arranged for a haulier to collect them?
If it's the former then liability would extend back to the supplier that hired the haulier. It could stretch back to you for choosing that supplier but that's a bit tenuous.
If you've hired them it's a much shorter link!
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Rank: Super forum user
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Is this not a Regulation 11 Management of Health and Safety At Work Situation 1999 Co-operation and co-ordination?
The employer of the Lorry driver knows the vehicle - you know your site. Before a delivery is arranged both employers should make sure the task can be done safely.
Brian
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Rank: Super forum user
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Brian, in the real world there are trillions of deliveries every day. Hardly any are pre-planned between the recipient and haulier, exception might be for particularly heavy or bulky loads, or where there are loading bays of some description. It is a real problem in areas like construction and engineering where loads are delivered by all and sundry, often without any prior notice or staff to facilitate the off-loading.
The bottom line is the employer of the vehicle driver has the responsibility to ensure his health and safety and those who may be affected by the operation. The recipient may have some liability, but it is a tenuous one in these circumstances.
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Rank: Forum user
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I agree with Ray - it is the hauliers responsibility unless you issue specific instructions to do it in a manner contrary to the hauliers instructions.
If you have a site policy of no access to back of vehicles then you need to discuss this with all hauliers/suppliers generally prior to appointing them to allow them the opportunity to provide a safe alternative prior to the delivery arriving so Reg 11 does have some importance here
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Rank: Super forum user
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Ray
I here you but just because its happening does that make it right?
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Rank: Super forum user
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I don't disagree with you Brian, but the original question was about the legal liability and not the moral imperative.
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Rank: Super forum user
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That's correct Ray - so under HASAW the legal liability could be a breach of Reg 11 by both sides.
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Rank: Super forum user
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Brian, 'could' is a problematic term, which incidentally I have covered in my previous posts. Unless there was some clear breach by the recipient the onus would be on the haulier's employer. The problem here, as is often the case, there are many variables. Each of which 'could' be sufficient to warrant enforcement if there was an accident. I would still rather be either the recipient's shoes in such a case.
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Rank: Super forum user
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Rory
Some very good replies here personally I have the same feelings as Brian. It is everyones responsibility.
Moving on there is no need whatsoever for a driver to climb on his flatbed to de-sheet nor is there a need to climb onto the back of his vehicle to secure his tarpaulin. I can talk from years of experience in this and can never remember ever needing to climb onto the back.
Again moving on why should a site ban someone climbing on to a flatbed in a prescribed way and putting a tarpaulin up against the head board to secure it without the use of Inertia blocks,Safety Harnesses or air or bean bags? This is the ludicrous situation that Safety has got itself into . It seems in a lot of cases easier to say you cant and blanket ban it rather than have a solution.
Rant over Ta Alex
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Rank: Forum user
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Thanks for your input everyone some useful points and its always helpful to gain the perspectives of persons with relevant experience.
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Rank: Forum user
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alexmccreadie13 wrote:Rory
Some very good replies here personally I have the same feelings as Brian. It is everyones responsibility.
Moving on there is no need whatsoever for a driver to climb on his flatbed to de-sheet nor is there a need to climb onto the back of his vehicle to secure his tarpaulin. I can talk from years of experience in this and can never remember ever needing to climb onto the back.
Again moving on why should a site ban someone climbing on to a flatbed in a prescribed way and putting a tarpaulin up against the head board to secure it without the use of Inertia blocks,Safety Harnesses or air or bean bags? This is the ludicrous situation that Safety has got itself into . It seems in a lot of cases easier to say you cant and blanket ban it rather than have a solution.
Rant over Ta Alex
Rant maybe, but spot on. Lay persons will so often suggest the simplest answer to a practice involving risk (where they had not previously perceived risk) is simply to send an email round banning it. I used to think this was just ignorance of H&S processes: now I'm older I take this reaction to be a cynical attempt to avoid civil liability while ignoring H&S, their (lame) thinking being that because they banned something, they can't be held liable if someone quite foreseeably nevertheless went ahead and did it in the usual way.
Sorry, I'm ranting now, but I blame the generic manager for this state of affairs, rather than the H&S specialists.
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Rank: Forum user
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To an extend both have a responsibility, the haulier and the site. It really depends on whether the driver thinks it acceptable to climb on the back of the trailer, and the sites SSW adequately controls that risk. If he does not consider the task to be safe then there must be a system or procedure where the driver can a: refuse to load and b: report into the individual organising the (un)loading so controls can be reviewed.
Drivers make deliveries and collections to many sites and locations during a working day/week and a certain amount will fall down on the driver to make the correct assessment of the risk, as long this is backed with good training, a reporting procedure, guidance, and communication then I believe you have done everything reasonably practicable, and the issue of liability should not be an issue.
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Rank: Super forum user
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You cannot put the onus on the driver to decide whether it is safe or not. Yes, all employees can refuse on h&s grounds but...most would do themselves out of a job! The liability rests squarely with the employer to ensure the methodology has been risk assessed, SSoW provided, equipment and training provided. This is the basic principle of HSWA s2.-(1) and MHSWR Reg3 - It's really not rocket science. That said, some residual risk/ liability may go elsewhere dependant on the circumstances, as a number of others have alluded to.
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Rank: Forum user
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Agree with RayRapp, the drivers employer will be liable if the driver falls off the trailer.
In the trailer scenario the driver or any other claimant would have to show that the company that was having goods delivered had some degree of control over the way the driver carried out his activities. If you have no degree of control over the driver you can not be held liable for his negligent actions
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Rank: Super forum user
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Rory I bet you did not think your teabreak discussion would turn into war and peace?
Every one is liable from Site PC& Employer through to employee.
Once again no need to climb onto a flatbed .
1. Pulll sheet of if necessary.
2. Fold It.
3. Ask for Mechanical or manual assistance to put sheet up against headboard.(Pull it their with its own ropes)
4. Throw securing strap or rope over and secure it.
Job Done.
No WAH or Manual Handling Regs breached. No site rules breached.
Ta Alex
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HSE guidance note WPT06 'Delivering Safely', deals with this, of which an extract is shown below:
Individuals are often unfairly blamed for accidents that could have been prevented if dutyholders had co-operated with one another. The three key dutyholders are:
■ the supplier sending the goods;
■ the carrier – the haulier or other company carrying the goods; and
■ the recipient – the person receiving the goods.
A common factor in delivery/collection accidents is the lack of any agreement between supplier, carrier and
recipient about ‘who is responsible for what’ in terms of safety. In most work situations the safety of an employee is primarily the responsibility of their employer, but to deliver or collect goods, employees have to visit premises controlled by others. The safety of everyone at these premises, including people visiting the site, is the responsibility of the organisation in charge of the site (the recipient or supplier), as they should control what takes place on site.
Hope this is of help.
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