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#1 Posted : 09 December 2003 16:02:00(UTC)
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Posted By Terry Howarth
Recently on a housing project, a scaffolder tripped over a wooden batten on the working platform, (which was fully boarded with no other debris on the scaffold),and as he fell a 5' tube that he was carrying, slipped from his grasp and severed his thumb.
The scaffolder will try to recover damages, but who is responsible?
Should he as the resposible person check the scaffold is safe and free from obstructions before erecting a new lift, or should we as the Client ensure the working platform is free of debris before allowing the scaffolder access?
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#2 Posted : 10 December 2003 19:46:00(UTC)
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Posted By Robin V Boughton
You have a duty to provide a safe place of work. Assuming that the wooden batten was left by some other person(s) and its presence was not introduced by the scaffolder then it would seem that you failed to ensure that the workplace was safe.By the same token the scaffolder should be working in accordance with a risk assessment and the control measures specified in that should include that the work area is checked as safe to undertake the work and that PPE such as gloves, head protection etc must be worn! Have you got a copy of the assessment? Was he wearing gloves? If so would the damage to his thumb been as bad?
There is obviously fault by both parties!!!
Hope this helps
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