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Posted By Struan Isn't it strange that, in this claim culture society, General Joe Public actually go out of their way to make things unsafe for themselves. One example is the volunteers erecting christmas lights and cables from a cherry-picker. GJP know its there yet will walk under the working plant to get to "that" shop at any cost, even with limited but appropriate directional signage being displayed. I suppose it reinforces "planning and controls" to protect GJP, but if something did fall on the head of a money laden theraputic shopper, could it be argued that they did not take reasonable care by ignoring the safety of themselves? Would GJP be expected to know what the signage meant?
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Rank: Guest
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Posted By Merv Newman I think I might support any claim by GJP under the circumstances you have given. Work should be planned to take place when risk of presence of GJP is minimum (4am ?) and/or area should be effectively closed off and supervised to ensure total exclusion of said GJP from the "drop zone". As we would do in normal working conditions.
Supervision will include authority to stop work SHOULD GJP penetrate the danger zone (as he will do, whatever the signs and bariers)
Instructions to cease work may be given by a high powered bull-horn not TOO close to the ears of GJP. You should be aware that, in addition to passing instructions to overhead workers use of the bull-horn might even draw attention to and embarass GJP. To be avoided at all costs. Of course.
Think about this from the work team's point of view. They are relieved from the stress of caring for GJP passing underneath. They get more overtime payments but can probably get back to bed even faster. And they can use a REALLY BIG, LOUD BULL-HORN at 4am with total justification, authority and immunity. You know it makes sense.
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