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#1 Posted : 18 April 2002 15:47:00(UTC)
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Posted By Tom Maycock I have an interesting problem that you may have dealt with before and have an answer to. We are undertaking risk assessments in relation to allotments (gardens) and taking into account all the obvious hazards ie access and egress, lighting/ location etc. The only grey area appears to be the contents of the sheds on the plots. I am sure you would agree that the sheds could house and pose all manner of hazards such as pesticides, herbicides, paraffin etc. that could have a detrimental effect on other users. I don’t believe that we have the right to enter what are deemed occupiers sheds to inspect the contents for any hazards. Although I realise that we owe a duty of care to other users. Any advice/suggestions would be very welcome. Tom
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#2 Posted : 18 April 2002 19:17:00(UTC)
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Posted By Paul Leadbetter Tom If you don't have the right at the moment, can you change the tenancy agreements to give you that right? Once you have the right, however, what will your course of action be when you find something you don't like in the sheds? Regards Paul
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#3 Posted : 19 April 2002 09:12:00(UTC)
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Posted By Richard Tom I don't see that you have any more duty of care regarding sheds on allotments than the local housing department has on sheds in gardens, i.e. a very general one as landlord, or am I being over simplistic? Richard
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#4 Posted : 19 April 2002 09:20:00(UTC)
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Posted By Robert K Lewis It seems to me that the only path is to put something in the renting rules specifically prohibiting the storage of flammable liquids and gases in sheds and also the use of commercial pesticides within the allotment. Difficult to monitor I know, but I think that is the limit of your responsibility. Bob
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#5 Posted : 22 April 2002 16:50:00(UTC)
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Posted By Tom Maycock Thank you for all your rsponses. I agree, the only viable way in dealing with this is at the lettings stage. Regards Tom
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#6 Posted : 23 April 2002 11:48:00(UTC)
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Posted By Robert Woods Gerrorf off my land. As an allotment holder I would be most annoyed at Government busy bodies poking there nose in on my secret potting formulae. In fact I'm going down to my shed tonight to put everything into plain containers and bottles. Seriously how would you and why would you want to take such steps. Generally the sheds are remote from each other so the risk from fire is negligible, if any petrol is stored there it's unlikely to be massive amounts. Most allotment holders wouldn't store petrol in their sheds anyway because of the risk from vandals. If you are determined to kill yourself by burning yourself to death in your shed no one can stop you. Most work is carried out on an evening and weekend would your employer pay you overtime or TOIL whilst you are waiting for old Fred and his mate to turn up to water their cabbages so you can raid their shed. The dangers from pesticides/herbicides are small even those using them the chance of significant amounts drifting in the wind are somewhat remote [plus allotment holders are notoriously stingy and wouldn't waste precious chemical resources]. The biggest risks on an allotment are hurting your back whilst digging, standing on an upturned rake and getting sunstroke. Remember the allotment holders are members of the public not employees. Yes you have a duty of care but don't go over the top. In my oppinion the benifits from the excercise, fresh air and socialising far outweigh any health risks posed by the secret contents of Alberts shed. Go on away with yer you pesky varmints for I set the dog on yer.
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#7 Posted : 23 April 2002 12:01:00(UTC)
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Posted By Ashley Williams Well, Im glad i didnt fill out the pack to work for sandwell, lol. Can I draw your attention to the human rights act Tom, as a LA you will get shafted good and propper for leaning on your allotment tennants in this way. Whos daft idea was it to inspect sheds? Id really suggest running it past legal services as this seems to appear as a emination of the state, is wanting to infringe on an individuals right to do what they want in their own allotment shed. Are you worried about eco terrorists or extremeists storing fertilisers, mothballs, petrol and washing-up liquid in their sheds and making bombs? ok this is a little far fetched but all 4 can be stored in a shed for honest and above board reasons in a shed. Ash
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#8 Posted : 23 April 2002 12:31:00(UTC)
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Posted By Martyn Hendrie Whilst agreeing with many comments made regarding landlords responsibilities and the Human Rights Act I do believe that there is a general duty on the landlord to require that sheds containing potentially hazardous chemicals are adequately secured. This may require periodic inspection of the allotments but would not require entry to the shed.(possible HASAWA Section 4 duty especially if any produce from the allotments is sold) This would not infringe human rights as no entry to the sheds would be required. As to the interior of the shed that would not normally be a public place or a "place of Work" Sanctions against those who do not adequately secure hazardous materials would be though the terms of the tenancy agreement.
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#9 Posted : 23 April 2002 13:59:00(UTC)
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Posted By Mark Preston You might also want to consider the risks involved with abandoned sheds and their strange and murky contents - this applies equally to social housing lettings - assessing and clearing them properly can be a costly undertaking.
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#10 Posted : 24 April 2002 10:34:00(UTC)
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Posted By Robert Woods Martyn, I'm not going to lock my shed from now on. If it's not properly secured then without looking in it to ensure that there are no potentialy hazardous chemicals in it, you by your own admmision are failing in your general duty as a landlord. If you open the door to look in [there are no windows] then you are infringing my human rights. Get out of that one. Anyone who wishes to discuss this further will be able to do so on Sunday pm at my allotment. I'll be the one sat on the gaudy candy striped ex Blackpool Met deck chair drinking carrot wine from a jam jar [weather permitting].
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#11 Posted : 24 April 2002 13:43:00(UTC)
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Posted By Jim Walker Robert, Before you set about the carrot wine, you had better check there are not LA byelaws about being drunk in charge of a rake.
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#12 Posted : 25 April 2002 11:32:00(UTC)
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Posted By Tom Maycock Blimey, I only asked a question, I did not realise that the land army was reassembling to dig their heels in for England and protect their sheds. I take all your points and yes, I agree, that if and when I do not have anything better to do and decide to tend an allotment, I too would be miffed if a non land army person wished to inspect my potting shed. Please no more muck spreading, I have got green fingers just reading the replies. Tom
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#13 Posted : 25 April 2002 13:45:00(UTC)
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Posted By Laurie Robert Don't forget to remove the label from the jam jar before putting a noxious substance in it!! Laurie
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#14 Posted : 25 April 2002 15:12:00(UTC)
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Posted By Robert Woods Laurie, My carrot wine is potent rather than noxious, although it does bring silver ware and old coins up a treat. Theres no label on the jam jar it came off when I washed it in the beck before use. After all no one would want to drink straight from a jar they found in the grass would they.
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