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#1 Posted : 29 June 2007 16:24:00(UTC)
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Posted By Martin Turner
Colleagues,

Can anybody provide advice and guidance on the unlawful and dangerous modification of construction machinery i.e. D6 Dozer. Past cases and posecutions since I need to advise senior management before somebody gets killed!!!!!

I have just witnessed the installation of a platform on the rear of a D6 Dozer which is to be used to carry work personnel (up to 15) up an incline in excess of 20 - 30 degrees on a narrow mountain pass.

I look forward to receiving you comments and thank you in advance. By the way this activity is taking place outside of the UK.

Many thanks - Martin

Martin J Turner
Chartered Safety and Health Practitioner / Engineer
(CMIOSH) Registration No. 047165
MSc (Eng) CAPD, Dip SHE Mgt, Cert Ed
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#2 Posted : 29 June 2007 17:05:00(UTC)
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Posted By Mike Draper
Martin

Just a cautionary point - the modification of work equipment by the user is not unlawful. What would be unlawful would be carry out a modification that rendered the equipment unsafe.

Some recent cases might include:

Carlisle Leisure Ltd - SHP 29/05/07
Pin Croft Dyeing & Printing - 27/11/2006
http://www.hse.gov.uk/press/2003/e03251.htm

Unfortunately I don't really have the resources to target particular cases that might be specifically relevant, but the ones I've given you all involved some modification of work equipment and a aubsequent accident.

Mike
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#3 Posted : 29 June 2007 17:08:00(UTC)
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Posted By Ian G Hutchings
Hi Martin

I am not aware of any specific cases, others may be.

Can you talk to them about the possible outcomes. What if someone does fall or the mod fails? Are there any other options, such as another all terrain vehicle they can hire in? One which is quicker and gets people on the job faster and thus increases productivity, whilst is much safer.

Depending on the size of the business this cold be a good example for known risk by the controlling mind. You must speak with the director/s and explain your concerns, but with a view to a helpful solution. Quoting case law will not help them find a safer way.

Good luck, happy to help via email any way I can.


Ian
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