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Posted By Chris Cooper-Abbs
Dear All,
Would appreciate your thoughts or comments on this.
I was involved yesterday in a demonstration day, this day was to show a group of chainsaw retailers a range of techniques utilised to climb trees.
One retailer asked if a professional chainsaw user buys a piece of machinery at their store and they give them a quick run through the machine i.e where the on/off is, fuel cap, choke button, guards etc, The normal type of run through most retailers would give. Are they placing themselves at risk of any form of liability, does it consitute training of any description?
Another retailer made comment in relation to PUWER and it would certainyl not qualify as "adequate training" and could never be proved as such, so they should not worry.
I said i would try and seek opinion/clarification.
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Rank: Guest
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Posted By Pugwash
There is no way that the demonstration by a retailer which you describe could be deemed to constitute training. HSE guidance is clear that "training should be carried out by specialist instructors at organised training courses." The retailers have nothing to worry about - as was the view of the second retailer .
The following is from HSE guidance indg317 - Chainsaws at Work:
The Approved Code of Practice supporting regulation 9 of the Provision and Use of Work Equipment Regulations 1998 sets a minimum standard for competence of people using chainsaws in tree work:
‘All workers who use a chainsaw should be competent to do so. Before using a chainsaw to carry out work on or in a tree, a worker should have received appropriate training and obtained a relevant certificate of competence or national competence award, unless they are undergoing such training and are adequately supervised. However, in the agricultural sector, this requirement only applies to first-time users of a chainsaw.’
This means everyone working with chainsaws on or in trees should hold such a certificate or award unless:
¦ it is being done as part of agricultural operations (eg hedging, clearing fallen branches, pruning trees to maintain clearance for machines); and
¦ the work is being done by the occupier or their employees; and
¦ they have used a chainsaw before 5 December 1998.
The full document is on the HSE website at http://www.hse.gov.uk/pubns/indg317.pdf
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Rank: Guest
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Posted By RP
The 'demo' would not constitute formal training and the company would need to make this perfectly clear. Training would be formal and cover the practical application of the equipment in an 'at work' situation.
There have been several situations (HSE Prosecutions) where companies have relied upon this type of training as all that was needed, but fell far short of meeting the employers legal obligations.
On the other hand, if a person was trained and competent, say with a stihl chainsaw, then familierisation from another manufacturer, say husquavarna chainsaws, would more than likely be enough. But it should be recorded.
We had a situation where a wood chipper operative was injured after 10 mins training from a tool hire company. The result was a slapping from HSE. The training was not suitable nor sufficient and the employer made no checks to ensure competence.
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Rank: Guest
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Posted By Chris Cooper-Abbs
Thank you for the comments, as a chainsaw instructor and assessor the guidance laid out within INDIG 315 is familiar to me, i appreciate both your posts and provides the focus i needed.
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