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Lorry drivers climbing on the back of their wagon
Rank: Forum user
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Does anyone in the logistics industry permit this? Our problem is European drivers who insist that they instruct our FLT drivers where the load goes exactly on the back of their wagon. I understand the driver is responsible for the security of his / her load, but trying to keep them in a safe room while their flatbeds are being loading is proving to be a problem as some are refusing.
What happens if they climb on their trucks and then get injured on our site? Is there joint responsibility?
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Rank: Super forum user
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Ask to see their risk assessment. If they do not have one they do not climb. If they have one and it is suitable and sufficient let them carry on.
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Rank: Forum user
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This is a sticky one I'm afraid. Without knowing the exact details of the load, etc it's difficult to say definitvely, but it is your responsibility to ensure the safety of the driver, as a non-employee under S3 (1). Should one of these drivers get injured as result of your FLT loading the vehicle, your safe system of work will be scrutinised and any failings will leave you liable.
Having said that, the driver is repsonsible for the safe operation of his vehicle under the RTA, with criminal prosecution likely for breaches. Should he have an accident on the road as a result of poor loading, the buck stops with him and he is within his rights to refuse to drive if he is unhappy with the way his truck is loaded.
Some compromise may be needed here, so that he can perhaps direct the loading but from a safe place; ensure he is off the vehicle during actual loading or be prepared to reload after he has inpsected it This is going to cost you in time and I don't know the setup of your operation or how timely it is to get these trucks loaded. What is the load?
It may be that you enforce the rules by refusing to load him at all unless he does as he's told, but that depends on many factors such as time, who is delivering who's load and any contracts; also if your senior management will back you up or see the delivery of greater importance than safety and only you can gauge that.
I know from experience that time is often of the essence with logistics and particularly -but by no means exclusively- our continental friends are less bothered by the rules and regulations we should all adhere to.
Good luck!
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Rank: Forum user
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The practice of drivers accessing the load area during loading or unloading is not per sec illegal and is at times necessary. There are of course risks of falling and the HSE has suggested measures to minimise these risks in its guidance, but even there, the need for access is recognised. There are copious HSE guidance documents on this topic. In terms of any duties under S3, I would have reservations although any inspector is likely to play the "bluff act" strategy. The primary duty is on the driver's employer, and the "place of work" is the employer's own lorry.
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Rank: Super forum user
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It is not a problem with just the logistics industry. In construction we have had some big problems with delivery vehicles coming to site. Many delivery drivers do not have a proper SSoW from falling, unloading non-palleted goods and a RA for a HAIB, just to mention a few. The problem is exasperated by sub-contractors' deliveries, which are often not scheduled, not in the right location, properly supervised...the list goes on.
I think this is where the HSE needs to get a grip of the situation. It is no good prosecuting someone just when there is a serious accident, suppliers need proper enforcement in advance.
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Lorry drivers climbing on the back of their wagon
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