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#1 Posted : 24 August 2009 15:03:00(UTC)
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Posted By Andrew Cartridge A contractor’s machine has a puncture, so they send an order to their contracted tyre fitter/repairer to carry out the repair to the tyre. During the repair, the tyre bursts under inflation, injuring the tyre fitter, “No Win No Fee” is now claiming that a lack of PPE by the contractor was the cause of the accident. This, despite, the fitters own admission that he carried no suitable cage or air bag for the task in hand, it appears that the tyre fitters employer & “No Win No Fee” hasn’t heard of the PPE regs & “every employer shall ensure etc etc etc” But if health & safety was easy, everybody would be doing it! Regards Andy
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#2 Posted : 24 August 2009 15:07:00(UTC)
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Posted By Homer Liability with tyre fitter and his employer. Seems pretty clear.
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#3 Posted : 24 August 2009 15:20:00(UTC)
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Posted By Andrew Cartridge Homer Couldn't agree more, PPE reg 4 (1) HWSA 7(a) MHSWR 3(1)(a)would be a good start. Regards Andy
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#4 Posted : 24 August 2009 15:26:00(UTC)
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Posted By Bill Elliott Ah Yes but - some liability will also rest with the contractor for not ensuring that the tyre company was adequately trained and resourced to undertake the job in safety. Equally there may be an issue for whoever employed the contractor for not ensuring that the contractors subbies were competent.
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#5 Posted : 24 August 2009 15:30:00(UTC)
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Posted By Andrew Cartridge Bill Nice one, but all competency checks were carried out & recorded, & one more bit of info, the fitter failed to sign in on the site in question & received no induction (sorry for missing that off in the first post) Regards Andy
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#6 Posted : 24 August 2009 15:31:00(UTC)
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Posted By Phil Rose Surely lack of PPE wasn't the CAUSE of the accident! In saying that I would have thought that a tyre cage was pretty standard stuff, especially if inflating slit wheels etc.
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#7 Posted : 24 August 2009 19:23:00(UTC)
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Posted By Toe Is a tyre cage PPE? Im not sure that it is.
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#8 Posted : 24 August 2009 20:04:00(UTC)
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Posted By Paul I Clark If none of the site activities under the contractors control had an impact on the incident, can’t see how any duty of care has been neglected. I would go easy on the fact they didn’t sign in and never had an induction, this would question your security and site supervision arrangements. I know, its nit picking!
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