Posted By NickyG Hi all, i'm new here, go easy with me! I am part of a small family groundworks engineering firm and have the role of safety control within the company. I have done my NEBOSH General Cert and Construction Cert so i have some knowledge of whats going on safety wise. My problem...the safety pin used on excavators. Last year we had a dangerous occurrence. The machine bucket fell from the machine due to mechanical error and the safety pin was NOT in place. Thankfully it was a dangerous occurrence and nobody was near the bucket and we now learn from this. It was reported in the correct manner and since i have read the safety alerts etc from the HSE. Now you would think operatives within the company would learn...they dont. To this day i am still walking on to site and seeing operatives not placing the safety pin in the machine. Who's responsibility is it to make sure the pin is placed each time? In my opinion it is the operators, as they are the trained competent persons to ensure the machine they are operating is done so in a safe manner. I am really wound up about this (mainly because we have a awful bloke personality wise who is being totally ignorant to this). He now tells me its ok for him not to put the pin in when not working around people. This is utter rubbish. Please advise. He is breaching HASAWA for a set off? Anything else, more specific, maybe in LOLER? or PUWER?

Posted By Darren (Daz) Fraser Cannot answer the 1st part of your question as construction is an area that I do not have any experience of, however with relation to a possible cure to your problem may I suggest the following course of action:- 1. Hold a toolbox talk with all those involved in the operation, explaining why the pin should be used, regardless of proximity of personnel, using your dangerous occurrence as an example of what can go wrong etc. Get everyone who attends to sign an attendance sheet, detailing date, time, location, topic covered etc. 2. Every time you observe the incorrect behaviour make a record detailing the date, time, location, person/s involved etc, include in this the fact that you explained the seriousness of the situation to the individual concerned. 3. Check the company disciplinary policy / procedures to see if disregard of H&S instructions can be or is deemed as gross negligence. 4. Formally inform the individuals manager of your observations and include copies of your records (you retain the originals), using email or letter (retain). 5. Continue with your observations for a further period of time to see if there has been any improvement. 6. If no further improvement, repeat step 4, however copy the next level of manager into the email or letter and include copy of email / letter sent etc. 7. Continue with step 5. 8. If still no further improvement or action taken by management team, inform HR and let them deal with it, from a disciplinary point of view, ensuring that HR have copies of all documentation. The alternative option, and this is dependant upon how brave you feel, is to invite the local HSE Inspector in for a chat and a walk round.

Posted By MS Nicky, if you can demonstrate that you have trained the driver, provided him with information, instruction and adequate supervision, it is down to him. What do you need to train him on and why? Check on the HSE website and search for quick hitch. You will find information on SIM 2007 / 02 that will assist you. http://www.hse.gov.uk/fo...construction/2_07_01.pdf Training under PUWER 1998 states that where new technology or equipment is introduced additional training is required. This means for necklaces, peckers and quick hitches etc etc. Also the machine. A Komatsu is different to a Volvo, and a volvo 250 e is different to a volvo 320 c. You will not have to do a two week course but adequate training to familiarise the driver with the controls, procedures, maintenance, daily and weekly checks, what to do in an emergency etc Also if the machine is being used to lift, training is required in lifting, the slinger/signaller needs to be trained as well. A basic lift plan will be required in line with LOLER 1998. Also the supervisor needs to be trained in line with PUWER 9.2. How can he check the driver if he has not been trained to recognise what is right and wrong? If you have this training in place and the driver is still leaving the safety pin out, disciplinary action is the next port of call. Hope this helps.

Posted By Angus232 Recommend you see: http://www.hse.gov.uk/co...=hsegen/10-dec-2008&cr=3