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R@chi1952  
#1 Posted : 13 August 2021 15:21:06(UTC)
Rank: Forum user
R@chi1952

Hi all,

Another topic / headache I would really appreciate some help with please...!

My company carries out shunting duties for a customer on the customers premises. We operate terberg tugs to shunt HGV trailers and HGV drivers arranged by our company and another seperate haulier collect the trailers.

The customers owns the site, the roads, the warehouses etc. Other third parties, contractors and puplic users of the weighbridge facility, also enter and traverse around the customers site.

My questions are:

A) who is responsible for completing the Transport risk assessment for the site - am i right in thinking it's the site owner?

B) who would be responsible for barriers, people vehilce segrgation, lighting etc. - again, am i right in thinking it would be the site owner?

Appreciate your thought and any pointers of where i can find factual info :)

Roundtuit  
#2 Posted : 13 August 2021 15:58:16(UTC)
Rank: Super forum user
Roundtuit

Customers site, customers problems - you are "the hired help" to drive vehicles

thanks 2 users thanked Roundtuit for this useful post.
R@chi1952 on 25/08/2021(UTC), R@chi1952 on 25/08/2021(UTC)
Roundtuit  
#3 Posted : 13 August 2021 15:58:16(UTC)
Rank: Super forum user
Roundtuit

Customers site, customers problems - you are "the hired help" to drive vehicles

thanks 2 users thanked Roundtuit for this useful post.
R@chi1952 on 25/08/2021(UTC), R@chi1952 on 25/08/2021(UTC)
Kate  
#4 Posted : 13 August 2021 16:53:31(UTC)
Rank: Super forum user
Kate

I agree with your first thoughts and with Roundtuit.  The customer has control of the site and therefore responsibility for the "safe site" element of transport safety as defined by the HSE while your responsibilities will be limited to the "safe vehicle" and "safe driver" aspects.

A short guidance document outlining what must be done is here: Workplace transport safety: A brief guide INDG199 (hse.gov.uk)

Edited by user 13 August 2021 16:54:46(UTC)  | Reason: Not specified

thanks 1 user thanked Kate for this useful post.
R@chi1952 on 25/08/2021(UTC)
R@chi1952  
#5 Posted : 25 August 2021 15:10:02(UTC)
Rank: Forum user
R@chi1952

That's how i understand it.

Trouble now is how to convince an HSE Inspector who doesn't look at or read the information that's been passed to to them !!

Thank you for your thoughts and info pointer :)

chris42  
#6 Posted : 25 August 2021 17:40:16(UTC)
Rank: Super forum user
chris42

Who has control of the activities of the site on a day-to-day basis? the person in control is the one that needs to do the assessments and put controls in place ( possibly in conjunction with the landlord if it is not them). From your description I'm not so sure it is the site owner. You organise shunting vehicles and you liaise with the HGV drivers, what exactly dose the owner do?

Chris

dgraham709  
#7 Posted : 26 August 2021 06:56:29(UTC)
Rank: New forum user
dgraham709

Hi I work in a similar sounding situation.

A) who is responsible for completing the Transport risk assessment for the site - am i right in thinking it's the site owner?

This should be carried out by by the site owner however, I also ensure compliance to HSG 136 and use the checklist to identify any non-compliance. I also ensure that we have our own site and task specific RA for our drivers.

B) who would be responsible for barriers, people vehilce segrgation, lighting etc. - again, am i right in thinking it would be the site owner?

This is also the site owners responsibility. Again I would use HSG 136 and my own RA to identify further actions required to make improvements to barriers, roadway conditions, segregation, LUX readings etc.

I address all on-site risks to our drivers, assess them and use my RA to ask for support from the customer in order to either improve or reach an agreement in that they accept the risk rating from my assessment. 

I hope this helps.

Danielle

HSSnail  
#8 Posted : 26 August 2021 07:05:23(UTC)
Rank: Super forum user
HSSnail

For me the management regulatiomns (11 and 12) make it very clear you have a shared duty and must co-operate. If you are unhappy with the safe system them you should not be allowing your staff to work on the site (easy to say i know), and if an accident occured I would be looking at bothe employers - but then i am an ex inspector so maybe i do need it explaining LOL.

Kate  
#9 Posted : 26 August 2021 08:30:31(UTC)
Rank: Super forum user
Kate

It's not so much a question of who owns the site (this may only be a landlord who leases it out and doesn't get involved), but of who operates the site.

For example, a warehousing business may operate a warehouse which they rent from a landlord.  It is the warehousing business and not the landlord who has operational control of the site and therefore is responsible for the transport risk assesssment.

Edited by user 26 August 2021 08:31:30(UTC)  | Reason: Not specified

thanks 1 user thanked Kate for this useful post.
HSSnail on 26/08/2021(UTC)
HSSnail  
#10 Posted : 26 August 2021 08:57:35(UTC)
Rank: Super forum user
HSSnail

Completely agree with you Kate - i may have missread the post - i was thinking this was about a shared workplace, reading the question again im no longer sure i know who is in control of the workplace.

Kate  
#11 Posted : 26 August 2021 10:47:57(UTC)
Rank: Super forum user
Kate

Well I thought it was about a haulage contractor doing jobs on a customer's site.

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