Mad Moggie wrote:
Safety Minded Chap who writes mostly good stuff wrote:
Thanks !!

Deep Breath, another long post, some good questions, will do my best.
Johnnytheboy wrote:
I think the fact a driver has obtained a driving licence and hasn't been subsequetly banned, means that (legally speaking) they are a trained driver.
But are they COMPETANT ?? We have discussed many times on many threads drivers who we assume have licences driving like complete berks, they may be qualified but I would hesitate to call them competant.
An employers duty is to ensure that thier employees are competant to do the job safely, given the lacks in the driving test system lack of mechanical checks, postioning, COAST and the like because a driver has a driving licence does not mean they are a competant or safe driver.
Of the companies that I have acted as a consultant to most do not have sensible expectations on thier drivers for example a very well known high street company is religious on thier HGV drivers sticking to the rules - not overloaded, drivers hours, medicals for ADR drivers yet when it comes to thier sales staff they have a completly different approach to car drivers.
The office made appointments that cannot be kept unless the drivers break the speed limits (I found one that to make the time from one appointment to the next required a speed of 110mph over the full distance, the starting point being Uxbridge - 110 in Uxbridge, you've gotta be kidding!), they were given cheap mobile phone kits that met the rules but were so crackly and tinny that the driver had to concentrate on the call and not the road and they had a lot of calls whilst out and about.
They were under a lot of pressure, end result, those that could go elsewhere did, and those that couldn't did thier best but were under so much pressure to perform that it was very clearly reflected in the accident rate.
As for personal responsibility H&S cannot stop the malicious or the terminally stupid, I have thrown several people of site as they will not comply with basic and obvious safety rules (one advantage of H&S in employment law is that it can be marked as a gross misconduct item and liable to instant dismissal without reprisal from employment tribunals).
One employee had an accident with a JCB, he was trained, given the tols to do the job but 'couldn't be bothered' to carry out checks, the accident he had was as a direct result of faililng to carry out those checks and I had no hesitation sacking him.
Whilst the Health & Safety at Work etc Act 1974 places a duty of care on employers it also places a duty of care on employee's including co-operating with ther employer in discharging thier duties.
Grumps MSA's IMO are getting more and more money grabbing, given the already high prices of fuel IMO air and water should be free, IIRC the RAC did a check of drivers and found a significant number with incorrectly inflated tyres, I know of one MSA that charges 80p for the airline and the timer is so short that you need to pay twice to check (let alone inflate/top up) the tyres on a car, who's going to do that ??
Mole wrote:
It's obviously impossible to draw a precise line. Yes. I agree it's hard to tell your employer where to go if you think he's asking something unreasonable. Speaking as someone who has a 150 mile drive to work (though only about once a week) I can well imagine the sort of pressures someone who drove for a living might come under.
Understand where you are coming from but we do have guidelines for HGV's - that might not be a bad place to start ???
Mole wrote:
The same argument could (I think!) be applied to roadworthiness checks. We have a national roadworthiness check - the MOT test. It's by no means perfect but it represents a minimum standard with which the state is happy that a vehicle can be used on a public road. There is, however, no doubting the fact that given two vehicles with a fresh MOT apiece, there could be a vast difference in their relative levels of safety. So again, where do we draw the line? Should the "responsible" employer ensure that he only sends his employees out in new cars with a 5 star EuroNCAP rating? Should he ensure that each employee is provided with sat-nav so he doesn't have to read a map? If he provides a hands-free kit, should he go for the £15 one that satisfies the law or the £150 one that has much better sound quality and mutes the radio automatically? In fact, should he provide a brand new set of tyres for every trip?
The MOT isn't worth the paper it is written on and besides a lot can happen to a car in a year, we have an MOT but the Ambulance Services, Police & Fire Brigades will carry out daily/start of shift inspections because of the mileages and usage involved. When I consult, I recommend that checks are carried out weekly or before a long journey 200 miles plus. It's what I do and with a car that is regularly maintained helps keep things like oil water and tyres up to scratch. I've been driving 5 1/2 years now and average 50-60,000 miles a year (this years been quiet) my car is my office and weekly checks are not too much especially with that sort of mileage I clean it weekly anyhow.
Employers duties for this would not be absoulute it would fall into the 'reasonable practiable' at most more likely the 'so far as reasonably practicable' level of duty a modern car (not necessarily new) that is well maintained and in good mechanical condition is enough, going for a 5 star NCAP rating is that 'little extra' but is not required by law. Hands free kits, the cheap kits for someone who has occasional calls of the 'pull over and call the office' type calls could be sufficient, where a lot of calls are made or recieved then a decent kit would be appropriate, yes I have a kit that is fully installed and mutes the radio, but then it means that because it is crystal clear it minimises the distraction from the road, if it's a very technical call I'll call back later once pulled over. Sat Nav, have bought my own, main reason is that it easier than balancing a map on my lap. I know of one compant that does provide them, the original thinking wasn't H&S grounds but productivity, H&S was a nice side effect.
Mole wrote:
I'm very lucky in that my boss is pretty good about me being late if something adverse crops up on the road. I know there are many others who are not so fortunate!
Indeed you are, that is not the norm, rather the exception. The bulk of companies I've consulted/worked for from one man bands up to high street names have a poor atitude to company car drivers.
Richard C wrote:
The whole gamut of employment legislation which is prescriptive and Heath and Safety legislation which is largely interpreted is IMO a crock of sh1t. Sorry if that offends, saftey engineer et al but as an emplyer in a 25 man co I and my colleagues have to live with it.
Richard, no offense taken, the bulk of my work is now in the construction industry and I'm often greeted by 'Oh F*ck it's you', 'F*ing safety men' and the like, I have a thick hide, the HASWA is prescriptive but the bulk of H&S legslation is going more towards a risk assessment based approach, not sure what you mean by 'largely interpreted' are you talking about case law and precedent ? Yes there are some very well established precedents in H&S law such R. v Associated Octel. but all of UK law has precedents in it, especially when a law is new and has few cases behind it.
Their are H&S laws that IMO are overly complecated and do not help, but the bulk, especially in comparison to most of UK law is fairly well written. I attended a consultation session at the HSE regarding the changes to the asbestos regs, and the introduction was 'We are getting you here as part of the consultation exercise so we can pick industry's brians and turn the best practice into legislation' for the most part (the HSE does get it wrong sometimes) it's not a bad approach.
Capri2.8i wrote:
I'm not saying its all down to the employer, of course an employee should take some responsibiity to speak up if they feel that they are unsafe performing a task. However an employer should make it possible for them to do so without feeling that their boss is going to be completly unsympathetic towards their concers. Of course some employees will try and take the mick, but a good employer should be able to spot that!
You've hit the nail on the head, Du Pont, despite working with some pretty nasty stuff has a very envianle safety record, one of the main corner stones of thier success is a culture of rewarding employees and encouraging them to speak up on safety issues, funnily enough they have good (much better than average) staff retention rates in comparison to the rest of the chemical industry.
Mole wrote:
Funny you should mention fork lifts! At a previous job, a fair number of years ago now, I used to drive the fork lift on occasions when I wanted to lift something heavy. The company probably shouldn't have let me but it worked both ways. ...
...(mainly, it has to be said, because I wasn't a paid up member of Unison!)...
...It all went well until we got to the theory part where we were asked how we'd know how much weight we could carry at a particular distance from the mast. Not having been formally trained, I wrote that we'd take moments about the front axle and work it out that way but the assessor then told me I'd got that question wrong because the correct answer was that there was a sticker on the side of the mast telling you! (He wouldn't believe that the values on the sticker would have been worked out in the same way as I'd suggested!)
Yes the old grandfather rights issue, under the old scheme you would have been considered competant by virtue of the length of time using the kit. This was scrapped due to several fatalities and serious injuries by plant operators under grandfather rights, the accident that finally closed that loophole was a JCB driver who loaded a JCB on a truck but didn't lock the rear bucket, it swung loose taking the tops off four oncoming cars, decapitating and killing seven people, 2 died some days later from thier injuries. That's why we have training requirements.
Union membership and safety, often used by unions to advance thier cause, it shouldn't be confused and it pisses me off no end as it does little for safety or it's reputation.
Shame on your trainer, he obviously didn't know his subject as well as he should, however, those stickers there came intio practice because of the many fatalities from overloaded FLT accidents, the stickers is fairly idiot proof it only needs to be read not worked out, there are many FLT drivers (especially in the construction industry) who whilst not stupid are not highly educated and working out the moments would be beyond them, I'm discalculate and do not trust to mental arthmetic but can read numbers easily.
Mole wrote:
The trouble is, as soon as someone in authority makes a "recommendation", and someone else has an accident whilst working outside of it, the ambulance-chasing scum that seem to have pervaded every aspect of society will take the emloyer to the cleaners. I can't think of a way of establishing "best practice" guidelines and then aviding this situation.
Simple, the courts need to start throwing these cases out instead of allowing leave to claim, there are too many bullshit cases being lodged and too many insurers settling because it is cheaper to pay out than fight, also courts far too often fail to apply 'volenta non fit injura' (knowing acceptance of the risk) to cases where somebody has done something incredably stupid.
