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Traceyannabanna  
#1 Posted : 13 August 2018 15:24:59(UTC)
Rank: New forum user
Traceyannabanna

Hi I have been asked to put together a LW Policy and Risk Assessment for Lone Working as part of my training. We have a " farmer customer" who owns a farm with all H & S in place. He has recently  purchased a piece of land 50 miles away from his main residence to use for grazing. He has a self employed person that goes and does what he has to in terms of feeding the animals (basically all he does). This contractor does the same for other farmers and there is nobody controlling is movements. He just appears, does the job and goes onto the next farm then send his invoice. He lives alone and there is no mobile phone signal on this piece of land. The contractor doesnt own a mobile phone but has a landline. The Farmer also does not own a mobile. The Farmer has provided a new ATV, PPE and a ATV training course for him. The contractor will not wear the safety hat. My question is, what other controls can I put in place for Lone Working? Its proving very difficult when the Farmer doesnt know what days he works or hours etc. Thanks in advance

mikecarr  
#2 Posted : 14 August 2018 09:53:55(UTC)
Rank: Forum user
mikecarr

Originally Posted by: Traceyannabanna Go to Quoted Post

Hi I have been asked to put together a LW Policy and Risk Assessment for Lone Working as part of my training. We have a " farmer customer" who owns a farm with all H & S in place. He has recently  purchased a piece of land 50 miles away from his main residence to use for grazing. He has a self employed person that goes and does what he has to in terms of feeding the animals (basically all he does). This contractor does the same for other farmers and there is nobody controlling is movements. He just appears, does the job and goes onto the next farm then send his invoice. He lives alone and there is no mobile phone signal on this piece of land. The contractor doesnt own a mobile phone but has a landline. The Farmer also does not own a mobile. The Farmer has provided a new ATV, PPE and a ATV training course for him. The contractor will not wear the safety hat. My question is, what other controls can I put in place for Lone Working? Its proving very difficult when the Farmer doesnt know what days he works or hours etc. Thanks in advance

Aprat from finding a new contractor  who has a mobile phone and will wear PPE. Maybe a GPS lone working device?

thanks 1 user thanked mikecarr for this useful post.
Traceyannabanna on 14/08/2018(UTC)
Traceyannabanna  
#3 Posted : 14 August 2018 10:23:18(UTC)
Rank: New forum user
Traceyannabanna

Yes that is an option that we are looking at- thank you

A Kurdziel  
#4 Posted : 14 August 2018 13:29:07(UTC)
Rank: Super forum user
A Kurdziel

Sorry, I think that you have chosen a bad example for your lone working risk assessment. I am not convinced that the person in question is an employee; more like a contractor who is therefore subject to Section 3 of Health and Safety at Work Act-“person who is affected by your undertaking”.  The employer’s duties to such person are much lower and it’s really up to them to come up with a lone working solution not you.

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Traceyannabanna on 14/08/2018(UTC)
mikecarr  
#5 Posted : 14 August 2018 13:41:12(UTC)
Rank: Forum user
mikecarr

Originally Posted by: A Kurdziel Go to Quoted Post

Sorry, I think that you have chosen a bad example for your lone working risk assessment. I am not convinced that the person in question is an employee; more like a contractor who is therefore subject to Section 3 of Health and Safety at Work Act-“person who is affected by your undertaking”.  The employer’s duties to such person are much lower and it’s really up to them to come up with a lone working solution not you.

would it not be the duty of the employer/client to enusure that the contractor that is affected by their undertaking is working safely?

thanks 1 user thanked mikecarr for this useful post.
Traceyannabanna on 14/08/2018(UTC)
DaveBridle  
#6 Posted : 14 August 2018 14:36:32(UTC)
Rank: Forum user
DaveBridle

I'm on the side of AK on this.

From the original description it appears that the worker "who feeds the animals" is a single, self-employed individual as he issues an invoice to the farmers in the area.

The farmer in question has a duty to ensure access to the remote site is maintained and any hazards present at that vicinity is communicated to the self-employed individual.

In addition the farmer has supplied PPE - therefore the farmer should ensure it is suitable for purpose, fits correctly and the individual knows how and when to wear it.  The ATV being supplied by the farmer would come under PUWER so the farmer has a duty to ensure it is properly maintained and servicable for use.  As he is providing training for the individual he should ensure that they have successfully completed the course.

Finally the farmer may wish to undertake random checks of the individual to ensure they are using the PPE and ATV correctly and that the remote site conditions are maintained.

Just my initial thoughts......

thanks 1 user thanked DaveBridle for this useful post.
Traceyannabanna on 14/08/2018(UTC)
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