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To speed or not to speed that is the question?
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Posted By Paul T9
A little advice would be helpful here.
I act the company health and safety rep (non union) under contract to the MOD that supplies an on base airfield fire and rescue service. Most of the fire fighters are ex-military. The problem is a change in the Road Traffic Regulations Act section 87 concerning the exemption of the speed limits, under the amendments it is required that the driver is qualified to drive at high speed but as our previous qualifications did not require this, the drivers are no longer qualified to drive the fire vehicles at high speed (i.e. in excess of the speed limit).
The problem is that even though it is Crown property it still comes under the act (section 130-132). I have been asked by my members to clarify the requirement as the management is very reluctant to make a decision on this and have not put down any clear guidance. We do have a small number of qualified drivers (EFAD trained – high speed) but because of the shift systems there are not enough of them.
The answer is quite clear that unless you are qualified then you can not exceed the speed limit, that is the law so no real argument. There is no quick fix to this as it is not only our department effected by this and the training courses will need to be found and put in place. There is also the moral duty, could you drive to an incident within the speed limit while a pilot was burning to death! I know that under the HSAW and MHSWR that there is a duty (Information, training, capabilities, etc.) so does come under the realms of health and safety.
It is just that there should be a reasonable solution to this and I can’t see one. Recommend that all the non qualified drivers stick to the speed limits even when responding to an emergency (not very practicable as it is unrealistic to expect them to). Any advice, suggestions, would be welcome.
Regards
Paul
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Posted By SNS
Hi Paul,
Options:
1. Tell your management that you cannot comply with the law and still provide the service required.
2. Approach the MoD for a loan of suitably qualified personnel to fill gaps until you have the required number - it worked for Air Traffic at St Mawgan and at Boscombe Down near stonehenge :)
3. Close the airfield until you can comply.
If it is a joint operation airfield civilian and military let the CAA know ....
Always document and cover you head.
Been in a remarkably similar situation, push it up to senior management to get them to carry the responsibility.
Regards,
S
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Posted By Alan Haynes
Have you spoken with your company's legal advisor?
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Posted By Kevin D Forbes
www.hsepeople.com everyone sign up and spread the word. now we can use forums freely and upload pictures etc.
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Posted By Paul T9
Thanks for your replies but have found an interim solution to this issue.
A couple of hours reading the relevant regulations (that was fun!) and found a clause for the Crown Authority to grant exemption on Crown Roads. So talked with my manager this morning and got him to get a written exemption from the Crown Authority for this unit. As stated an interim solution but allows for continued operations within the confines of the crown property. Next step will be to acquire the training courses but at least we have breathing space.
Regards
Paul
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Posted By Stefan Daunt
Hi Paul, assuming that this is a military airfield? would your speed limits not be governed by JSP800 Vol 5? ( road transport movement )and do the guys not have to have an FMT600A?
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Posted By Paul T9
Hi Stefan
Yes, it is a military airfield and the drivers are 600a but unfortunately the JSP 800 vol 5 refers to the Road Traffic Regulations Act 1984 in this instance so the restrictions still apply.
Thanks for the input.
Regards
Paul
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Posted By Graham Bullough
Just a whimsical observation even though it's not Friday: Paul T9's heading for this thread is based on a line from Shakespeare's play "Hamlet". In view of the current influx of programmes on UK television about literature and poetry (apparently linked to the appointment of the new Poet Laureate), does the heading mark the onset of literary style headings and offerings on this forum? Time will tell!
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Posted By Paul T9
Hi Graham,
Sorry, force of habit as I used to write short stories for fun a long time ago and always remember that the title should ‘catch the eye’. Well it did work as the number of hits shows this, so not bad maybe I should apply to work for a certain newspaper renowned for such titles?
Still at least I managed to find a solution, not perfect but at least a partial solution, to the problem and please remember I am only a Health and Safety Representative; that is not my primary role. Advise and come up with a suitable argument, present to management and hope that they listen to my opinions and suggestions. Today they did! Move on! Life as a rep.
Regards
Paul
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Posted By Graham Bullough
Paul
No need for any apologies - your thread title was a good one - catchy and with an indication of your thread's theme - unlike some of the obscure and wholly unmemorable titles used by some posters on this forum. Also, as you suggest, it probably helped to get some people to read your thread when they might otherwise have skipped it, and generated some useful responses - a good demonstration of what this forum is about - i.e. seeking, providing and sharing information and opinions, plus some fun and frivolity in addition.
Another thought: I'm puzzled as to why you describe yourself as "only" a health & safety representative. From your thread you come across as a diligent, caring and effective H&S rep. You identified an issue, sought second opinions about it via this forum, (and by doing so perhaps helped others facing the same issue elsewhere) and then raised it, complete with practical suggestions, with management. Thankfully, they appreciated what you did. Effective H&S reps have an important role in occupational safety and health, and thus deserve respect and appropriate support from managers and H&S advisers.
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Posted By Paul T9
Hi Graham,
Thank you.
Only a rep, well mainly because you have to fight to be heard and most of the time the managers don’t want to listen. Win some, lose some, you may win a battle but the war still rages on!
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To speed or not to speed that is the question?
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