Thoughts on this?

[dan blocker]

Chaps, just to make things clear on what I posted? Not necessarily my own view. Only put a rough sequence because the main point I'm trying to make is-how could the courts view what methods we use to achieve the aim should there be a requirement to appear before them?

[billpierce]

Take it you haven't been in hospital from a silky kiss then!

 

 

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Nah, had a few nasty cuts, usually when being slightly lazy or careless. I knew someone would pull me up on that- think I'd prefer a cut from a silky than chainsaw though. Not to say you could seriously injure yourself with a silky. Maybe we should have to do a silky training 5 day course

 

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[treequip]

Slightly off topic, kind of. What are the rules regarding risk assessments and use freelance workers, say I'm doing a job and I have a freelance climber in, just the two of us, do I need to make sure he has lolar? Do I have to do a full risk assessment? I'm sorry if this has been done to death. I was told that if there are more than 5on site there should be a risk assessment, which I do, but for less?

 

The fact that they are freelance isn't a relevant factor. In law they are no different than any other hourly paid employee.

 

Any kit in use that falls under the regs needs to have a current inspection regardless of who it belongs to. This is an employer responsibility.

 

In the situation you describe, (under 5 people) there is no legal requirement to record R.A. however that doesn't mean you don't have a duty to make an assessment. Remember that people affected by but not directly involved in the work should also be considered and that can take you into "written recorded".

 

If it hits the fan, the powers that be will be all over it and "Who said what to whom and when" becomes important.

[James Atkinson]

The fact that they are freelance isn't a relevant factor. In law they are no different than any other hourly paid employee.

 

 

 

Any kit in use that falls under the regs needs to have a current inspection regardless of who it belongs to. This is an employer responsibility.

 

 

 

In the situation you describe, (under 5 people) there is no legal requirement to record R.A. however that doesn't mean you don't have a duty to make an assessment. Remember that people affected by but not directly involved in the work should also be considered and that can take you into "written recorded".

 

 

 

If it hits the fan, the powers that be will be all over it and "Who said what to whom and when" becomes important.

 

 

Thanks for the answer, this is one area I need to really polish up on is there any courses regarding this available? Sorry for the de real

[jrose]

My understanding is that while if you have less than 5 employees (including any freelance workers that day) you do not need to have a written risk assessment, you still need to carry one out verbally.

 

My view is that it's good practice to have a written risk assessment for every job, signed by all people on site. Then if the worst happens, you have evidence they accepted the RA and it doesn't turn into a his word against yours situation.

 

I'm not sure if any specific courses are available out there, maybe the Arb Association do one? Plenty of templates on the web, just download one and modify it to your needs.