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.

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.

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

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

I don't disagree with you Brian, but the original question was about the legal liability and not the moral imperative.

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.

Thanks for your input everyone some useful points and its always helpful to gain the perspectives of persons with relevant experience.

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.

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

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.