Refusing to cut down a tree

[Gary Prentice]

Correct me if I'm wrong, but if you are a subbie you are classed as an employee for the day no? Not talking bonafide sub contractors, just freelancers

 

When I was working as a freelance climber, years back, a planning officer told me that strictly speaking the liability would be mine. Although generally the legal department would look to get main contractor to court. More so than even the owner, in that the Arb co. should be the more knowledgeable and aware of all the regulations. Obviously a large landowner or large building contractor would also be in the dock, less likely some OAP.

[skyhuck]

When I was working as a freelance climber, years back, a planning officer told me that strictly speaking the liability would be mine. Although generally the legal department would look to get main contractor to court. More so than even the owner, in that the Arb co. should be the more knowledgeable and aware of all the regulations. Obviously a large landowner or large building contractor would also be in the dock, less likely some OAP.

 

How can a freelance climber who only knows which tree he's working on when he arrives on site each day possibly check for TPO's??

 

The responsibility lies with the business owner or the clerical worker who's job it is to organise such paper work, not the guys on the saws, employed or not.

[woody paul]

Ok thanks, I'll take the number with me on Monday and do it myself.[/quote

 

 

Don't know how someone in law would read is but I read it he is going to find out if he didn't bother and then cut it down he will probable be in there hands to decide.

[treequip]

How can a freelance climber who only knows which tree he's working on when he arrives on site each day possibly check for TPO's??

 

The responsibility lies with the business owner or the clerical worker who's job it is to organise such paper work, not the guys on the saws, employed or not.

 

Wot he said:thumbup:

[agg221]

When I was working as a freelance climber, years back, a planning officer told me that strictly speaking the liability would be mine. Although generally the legal department would look to get main contractor to court. More so than even the owner, in that the Arb co. should be the more knowledgeable and aware of all the regulations. Obviously a large landowner or large building contractor would also be in the dock, less likely some OAP.

 

Yes - you're looking at the either the tort of malfeasance or the situation of a tort feasor under the doctrine of vicarious liability. The program linked below is worth listening to on the subject, very clear and well explained although distinctly worrying if you're an employer.

 

BBC Radio 4 - Unreliable Evidence, Who's to Blame?

 

Alec

[Jimmy91]

UPDATE!

 

Good news! The trees are alive and well and still there!

 

I questioned the TPO status, CA status, reminded him of the consequences, the fines and respectfully refused to do it.

 

He was fine about it, didn't go mad, just let me get on with some gardening.

 

I'm actually pretty shocked, It was a win on every possible level as far as I'm concerned. The trees live, I have a job and I actually feel quite proud of myself!

[Gary Prentice]

I can only repeat what a planning officer informed me, in that " strictly speaking" the liability would be mine. The climber is legally running his own business, providing a service of his climbing ability, to prune/fell the tree. Not knowing what tree he is going to work on, ie ignorance of the law, would be no excuse in the dock.

[skyhuck]

I can only repeat what a planning officer informed me, in that " strictly speaking" the liability would be mine. The climber is legally running his own business, providing a service of his climbing ability, to prune/fell the tree. Not knowing what tree he is going to work on, ie ignorance of the law, would be no excuse in the dock.

 

He's a planning officer, not a lawyer, IMO no judge would see it as "reasonable" to expect staff who have not arranged the job, dealt with the client, etc, to be in a position to check such things.

 

How does a free lance climber even know the owner of the tree whats it worked on? he doesn't.

 

I would get pretty ticked off if my staff started questioning me regarding the legalities of our work, thats my job, my responsibility and my neck on the line.

[Jimmy91]

I'd also like to thank people for their advice... even though a few of you actually made me feel quite sick with worry; and sleep for all of 2 hours last night.

[Lyn Ed]

UPDATE!

 

Good news! The trees are alive and well and still there!

 

I questioned the TPO status, CA status, reminded him of the consequences, the fines and respectfully refused to do it.

 

He was fine about it, didn't go mad, just let me get on with some gardening.

 

I'm actually pretty shocked, It was a win on every possible level as far as I'm concerned. The trees live, I have a job and I actually feel quite proud of myself!

 

well done for sticking to your guns, you started this thread with a simple request for advice and got it off some people, but some of these threads get way over complicated.