Rank: Forum user
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We use all terrain vehicles (4 wheel not quad bike) in course of our agricultural operations. In operators manual it states seat restraints to be worn where fitted. On our land our operators drive along tarmac tracks as well as in fields. At moment lap straps worn but we have been asked that in fields/paddocks(off tracks and flat land) wearing a seat belt is a complete pain and not practical as in line with their tasks they are in and out of the vehicle every 5 mtrs or so carrying out tasks. Vehicles are fitted with roll bars. I can understand their concerns and yes putting on these belts every couple of minutes or so is onerous but it I think I need to put out clear guidance on this and look at foreseeable risks. I agree that the risk of moving a few yards from one point to another within our fields is low but human behaviour being what it is 5 mtrs becomes 10 - the field is then extended to the track etc etc, forgetting to put on belts etc.
These vehicles are restricted to our agricultural land and do not go on public roads. Anyone got thoughts on this from a legal or any other perspective??
Dave
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Rank: Super forum user
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If a role-over cage is fitted by the manufacturer then seat belts are also fitted as the idea is to stay inside the protective cage should a role over event happen and in theory the seat belt will restrain but to date the belts that are generally fitted are, in my opinion, not as good as they can be nor is there proper 'role over' training
The problem is the one you describe; so evaluate all options and make your decisions [that is the hard part] noting that a piece of kit even fitted by a professional is no good if it is not worn for a sensible reason and even PUWER allows for a situation where the role over bar can be lowered then it must follow that at that time the seat belt is not to be worn as if it was it could trap a person
The secret is sensible management and trying to get staff to buy into your final management system.
Additionally on investigating a number of role over accidents is was found that in one case the seat belt was worn and it trapped the guy inside where his hands ended up between the ground and the kit but not his head nor body and another event the guy jumped clear because he had no belt on. He was hurt on landing - you sometimes cannot win
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Rank: Super forum user
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If it states that seat belts are worn were fitted then that's what should happen. I have similiar situation with are FLT drivers who tell me that it's not practicable, my reasoning is they are fitted and should be worn no matter what the journey is. I am quite sure they would look for compensation if they had an accident. Then it would be a case of it wasn't enforced.
I think your policy should state 'must' be worn.
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Rank: Forum user
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After a sufficient assessment RA..You would have to define your policy on this issue..Which as you rightly state would be difficult to enforce as staff would push the boundaries... Put simple instructions sign on the vehicle, but make sure its on the drivers vehicle daily check sheet (before use checks) And ensure they have been informed how to do these checks. This mean's they know the rules and if it is not there they are already contributory negligent for using vehicle.
In Ref FLT.
If you read safe use if Fork lifts.. They don't have to wear at certain times. But there is a criteria..(which I believe one is Ground Conditions (FLAT & LEVEL)
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Rank: Super forum user
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In the first instance PUWER states that if there is a risk of overturn then seatbelts must be worn. Very few situations eliminate the risk of overturn (pool table flat with no bends no slopes and limited speed).
I don't know what you are doing so excuse the ignorant question but do they need to be getting in and out of the vehicles?ie are they transporting something they need or is the vehicle just for access. If the vehicle is just for access then can they drive to a point and then go on foot. If they need the vehicle for carrying something then obviously that is a dfferent situation.
I think I know the sort of all terrain vehicle that you are talking about. I've been driven in one at high speed around an estate and it was quite scary. Also seen farmers driving at speed over steep and lumpy terrain in them, kids piled alongside them, no seatbelts and I've thought what an accident waiting to happen.
Not an east decision for you and I should imagine one not easy to enforce if they are working remotely.
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Rank: Forum user
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See L22 PUWER regs 25,26,27 Page 62 onwards this may help.. You will find it free to down load from the HSE Website
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Rank: Forum user
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Thanks everyone for informative and considered replies and taking the time to consider my predicament. Yes they have to get in and out of vehicle as they are carrying and putting out animal feed into bins which are situated in fields and paddocks and are spaced out every few metres. They also enter the paddocks to "clean up" and this goes into back of the vehicle which is then transported and tipped onto "muck heap". We have a very strict speed limit on site - they are not quad bikes but ATVs with roll bars and the fields and paddocks are predominantly flat with little risk of overturning as they are basically stopping and starting every few meters along the fenceline. It is the tracks within our site getting to the fields and throughout locations which cause me the concern - cornering, blind spots, junctions etc - in this case "seatbelts must be worn" in my opinion.
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Rank: Forum user
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Further to my last post I have been really working on this issue at our workplace in coming up with a sensible and practical system that our employees can work to. We are bringing in a 'train the trainer' course and formalising training rather than just "in house". As I said before much of the work that is carried out is on flat arable land and getting in and out of ATVs in paddocks and fields every 20-30 mtrs or so to 'muck pick' and fill bins with animal feed from feed buckets carried on back of ATV. We want to ensure that seat restraints are done up on tracks (some of which are public rights of way - walkers, hikers, school kids) and this is in place already, however it is working within these enclosed areas (fields/paddocks) where there is negligible risk of overturning or contact with anyone else and we want to be practical about working practices - our employees would be doing up seat restraints dozens of times a day over short distances and may only be travelling at 5mph on woodchip!! One suggestion is as we are now investing a lot more in theoretical training as well as practical training is that we put the onus on our trained drivers by stating in the risk assessment the "seat restraints are to be worn on all tracks" and "in other areas where there is a risk of overturning" - but I'm not sure if we need to be more prescriptive. We also have a strict speed limit on site already. Talk about caught between " a rock and a hard place"!! Apologies for lengthy tome but I'm finding this a difficult issue.
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Rank: Forum user
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This might be useful. It also states that if roll bars are fitted (a must in forestry) then seat belts must also be fitted if there is a risk of ejection or crushing.
http://www.hse.gov.uk/pubns/afag702.pdf
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