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Thread: Salting for the public & accident claims

  
  1. #1
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    Salting for the public & accident claims

    Anyone know the gen on this?

    We're told at work that they (the company) can't salt the floor - the yard, the pavements, the whatever around the place.

    Reason being:

    If they leave it & a member of the public slips, then it's tough luck. Act of God & all that.

    However

    If they salt it & a member of the public slips, then they've interfered with God's act & changed the ice/snow & are therefore liable.



    We naturally think that it's more along the lines of if they salt the place, then that would be approx 1/2ton - 1ton salt that they could've sold....but now can't.



    Anyone know the claim law on this out of curiosity?


    As a side issue:

    Nearly drove into a wall today when i came to clock on.
    A driver of ours DID drive into a wall.
    I've ploughed through a pack of paving flags (not going fast either) & a whole pallett of spar
    I almost nearly speared a customers leg with my fork lift today, all due to this sheet of ice that formed over night.

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    It is a bit ambiguous the with the law but what they say is correct, but! Unless by clearing the snow the maliciously caused an incident by blocking paths and causing obstacles elsewhere it would be very difficult to prosicute.

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    Employers’ liability, it’s incumbent on them to provide a safe environment for customers and employees. If conditions are unsafe then they should be taking appropriate action e.g. restricting access, making areas safe, etc. Given previous posts regarding your workplace I’d have serious concerns over your working environment, if you “speared” a customer with a forklift they’d probably blame you for operating in an unsafe manner. In theory, to protect yourself, you should be putting it in writing that you believe conditions to be unsafe (backed up with evidence) and insisting upon remedial action. In practice...................................

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    Quote Originally Posted by kervaig View Post
    Employers’ liability, it’s incumbent on them to provide a safe environment for customers and employees. If conditions are unsafe then they should be taking appropriate action e.g. restricting access, making areas safe, etc. Given previous posts regarding your workplace I’d have serious concerns over your working environment, if you “speared” a customer with a forklift they’d probably blame you for operating in an unsafe manner. In theory, to protect yourself, you should be putting it in writing that you believe conditions to be unsafe (backed up with evidence) and insisting upon remedial action. In practice...................................
    I totaly agree on what this chap says.
    In my place Kev, they have sent out memo's saying that we must clear our yards of snow and ice where ever possible to provide a safe working enviroment for ourselves, other employees and customers. Though I do see the "what if we did salt the yard and a customer slips" etc side of it, but my point of view on that, is its winter, deal with it (the slipping bit)

    seriously though document your concerns backed up with evidence etc and then dont drive the FLT if you consider it unsafe. If they tell you you must drive the FLT or be sacked, you can then use that on the grounds of unfair dissmissal
    Probably the ONLY Astra Mk3 sitting on Corsa D SXI rims!
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    http://www.astraownersclub.com/vb/sh...d.php?t=162503

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    Kev, your company is talking bollocks. They have a legal duty of care under H&SaW Act to provide safe environment for anyone on their premises. That includes identify hazards and putting in place measures to limit the risk

    The shit they are misquoting is if a member of the public of the public clears snow from the pavement outside their homes, they become liable if pedestrian has an accident. This is because the public are not allow to perform work on the highway without the Highway Authorities permission.

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    Quote Originally Posted by Ffoeg View Post
    Kev, your company is talking bollocks. They have a legal duty of care under H&SaW Act to provide safe environment for anyone on their premises. That includes identify hazards and putting in place measures to limit the risk

    The shit they are misquoting is if a member of the public of the public clears snow from the pavement outside their homes, they become liable if pedestrian has an accident. This is because the public are not allow to perform work on the highway without the Highway Authorities permission.
    +1

    like Geoff said, they are talking through their arses
    Probably the ONLY Astra Mk3 sitting on Corsa D SXI rims!
    And Now a Diesel on Discs all round!

    http://www.astraownersclub.com/vb/sh...d.php?t=162503

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    I didn't think it sounded right, but i have the distinct disadvantage of having never worked anywhere else. So anything they say to me must be true ... however as i know how they operate, i suspect them all of being liars...all the time.

    It's mad. We must have about 300 ton of Rock Salt in storage right now & we must've shipped near on 50 ton today (that's without seeing any loads go direct myself). We have customers collecting on the front ... which is where we need to drive through regular. We can end up nearly clipping their cars at times as they park in such a retarded fashion.


    I had one customer driving straight AT me today. Not to the side of me, but AT me and the floor is icy as hell.

    I'm thinking, do they have anything upstairs to engage & realise that one of us may not be able to stop. I may have zero grip on the FLT (some don't) & then who's going to come off worse when my forks go straight into your engine?!

    Clueless. But that's getting me side tracked.

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    Quote Originally Posted by Kev_83 View Post
    I didn't think it sounded right, but i have the distinct disadvantage of having never worked anywhere else. So anything they say to me must be true ... however as i know how they operate, i suspect them all of being liars...all the time.

    It's mad. We must have about 300 ton of Rock Salt in storage right now & we must've shipped near on 50 ton today (that's without seeing any loads go direct myself). We have customers collecting on the front ... which is where we need to drive through regular. We can end up nearly clipping their cars at times as they park in such a retarded fashion.


    I had one customer driving straight AT me today. Not to the side of me, but AT me and the floor is icy as hell.


    I'm thinking, do they have anything upstairs to engage & realise that one of us may not be able to stop. I may have zero grip on the FLT (some don't) & then who's going to come off worse when my forks go straight into your engine?!

    Clueless. But that's getting me side tracked.
    Customers can be retarded mate, but that's something we have to put up with. But certainly dont forget the ice on the yard is just as much a health and safety hazard. So at least say/ do something about it
    Probably the ONLY Astra Mk3 sitting on Corsa D SXI rims!
    And Now a Diesel on Discs all round!

    http://www.astraownersclub.com/vb/sh...d.php?t=162503

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    simple answer, refuse to operate the forklift in dangerous conditions

    have you been trained to drive in such conditions?

    ive refused to drive my forklift in the ice/snow as we have rented a storage unit around the corner and im not taking a forklift out in this weather
    G t c

    soon!

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    Got the Americans to blame for all this Ballocks

    What about what happened over a hundred years ago? when we never had Brine and Salt to grit? Didn't sue anyone back then!

    Fed up of this Effing Litigious Society and culture we live in!
    FULL Black Leather Heated coupe interior for sale! £200!!!
    Click Here

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