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Posted By John A Wright Hi, I wanted to continue on from this discussion (Aug 2006): http://www.iosh.co.uk/in...sion.post_thread&forum=1but I think the thread is locked?? One of my customers operates in a cul-de-sac of which 300 metres is public road. They line the pavement with pallets, to load lorries on the other side of the road, some loads are 5 metres wide wood and plastic product, they sometimes block the entrance to the car park and the visitors/reception car park. The worst time of day for hazard/risk is lunchtime where you'll get additional car traffic and pedestrians, and again at 5.00pm if they have not completed loading. I've explained (and the managers accept) the H&S issues and the Road Traffic issues but as yet they have no plan of action. Reading that thread from August I'm wondering now how grey an area this is, does HaSaWA and Workplace Regs really apply on a public road outside a factory? In the event of an accident would only the driver be prosecuted and not the employer?? The most likely accidents I envisage are a pedestrian being struck by one of the FLTs or by the wide load on a pallet, or pedestran tripping over one of the pallets. John W
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Posted By Mick154
I have been through this problem with Construction Company a fine was imminent
Highways (Obstruction by Body Corporate) Act 2004
2004 Chapter 29
Section 137 of the Highways Act 1980 makes it an offence for a person, without lawful authority, to wilfully obstruct a highway. A 'person' includes a body corporate. If a person is convicted of such an offence and it appears to the magistrates that the obstruction is continuing and that it is within the power of that person to remove it, the magistrates may make an order under section 137ZA (1) of the 1980 Act requiring that person to remove the obstruction. If the person fails to comply with the order, he is guilty of an offence under section 137ZA(3) of the 1980 Act and liable to a fine. The maximum fine is level 5 on the standard scale, which is currently £5000.
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Posted By John A Wright
Thanks Mick154, so now I can spell out the road traffic implications.
With regard to Health & Safety I am wondering, if, in the event of an accident, we would have a case of Vicarious Liability under civil law, i.e. "the employer being responsible for the acts of employees while acting in the course of their employment", the employees being the FLT and lorry drivers who are moving the goods around the public road and leaving them on the public pavement.
The employer, then, could be liable for any injuries to pedestrians?
John W
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Posted By John Murgatroyd
And the employee, who would be prosecuted for road traffic offences as well.
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Posted By Dave Faragher
Hi John,
If you access Moving Goods Safely (google) you should find the answers you are looking for.
The transport company I work for carry out risk assessments for every premesis that our drivers visit, if the practices and procedures are not up to scratch we dont go there, this is a useful tool from a health and safety point of view as it has a financial implication, also are the Fork Lift trucks road legal?
Faragher
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Posted By John A Wright
Thanks Dave, I'll have a look at that source.
Regarding the fork trucks, all drivers have driving licences, but the trucks do not have number plates on them, so not taxed or insured (?). I think I read in another thread here that such trucks are allowed 1000 metres per day on public roads (?); I need to check that again.
The company are offering me a safety consultant contract to do their risk assessments (mainly machine guarding, manual handling and COSHH) but I'm going to have to present them with my concerns on the traffic management issues. Once the concern for that issue is acknowledged, and is in writing, there would then need to be an urgent action plan from the management.
John W
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Posted By John Murgatroyd
I think you'll find that the trucks have to be registered to be used on the highway at all. There should be no tax payable, but they must be registered and display the plates (front/back or sides) They must also be insured. You'll have to lose the red diesel as well.
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Posted By steven bentham
John
Work activities on the highway {such as this is} are under HASAWA. Its not a grey area. Its a very enforceable area.
Steve
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Posted By John A Wright Thanks Steven, but it HAS been a grey area, or an area not fully understood, hence this report from HSE which confirms RIDDOR would apply in any instances outside my customer's site: http://www.hse.gov.uk/fo...lops/fod/om/2003/103.pdfJohn W
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