when is it OK to physically restrain a member of the public

[likeitorlumpit]

Well- this question has come up over Xmas when discussing with a friend who works for national Power- he's told by his bosses that the company won't back up a member of staff who physically stops a member of public entering their danger zone.

How good is that advice and what would you do.

[Gary Prentice]

I think there first must be a system in place to halt all works initially in this scenario. If a tree was just about to be felled, back cut completed and falling imminent, there would be no other alternative.

 

The HSE has terms like ALARP - as low as reasonably practical, which is considered in risk management. If there is simply no other alternative, other than to restrain them, I'd go for it. But if stopping operations is possible, ensuring their safety, that's the reasonable and practical solution.

[treequip]

when is it OK to physically restrain a member of the public

 

Its assault, plain and simple.

 

If the persons actions would have resulted in imminent and certain danger to themselves you would probably get away with it.

 

Taking the other view, if you have to lay hands on a member of the public like that, it that just means your risk assessment and safety system were inadequate.

[difflock]

All a question of timing, and virtually impossible to prove in hind-sight.

(i) If a bystander attempts to enter the dangerzone literally as an off-cut is, or is about to fall, and likely to strike them, then one would be required to restrain them for their own safety.

However one can NOT restrain them merely to allow one to work unimpeded or interrupted.

I have witnessed cases where inflated egos and a misplaced sense of importance causes staff to seriously, and quite needlessely, inconvienece members of the public.

Moderation in all things.

On certain jobs in certain environments it could be worthwhile keeping a camera on anyone who appears to be delibrately troublesome.

Though if this is the case, as I understand, all one can do is contact the Police to deal with the troublemaker, unless they are very much obviously putting themselves in harms way in respect of downed cables etc.

As always uncommon sense should prevail.

Not egos inflated by hi-vis clothing.

Kinda hard to argue with video footage.

edit:

Derp!

Typed too slow, already been said above.

marcus

[coleman]

tricky one. ive had to do it but then my boss would back me up. depends on the situation I suppose. I had to wrestle a mentally ill guy from trying to throw himself into the chipper. I was quite rough (as was he) but my force was justified. why does this worry you so much??? do you have to fend off tree huggers???

[coleman]

shouting at the top of my voice at people works 99.9% of the time tho:thumbup:

[treequip]

tricky one. ive had to do it but then my boss would back me up. depends on the situation I suppose. I had to wrestle a mentally ill guy from trying to throw himself into the chipper. I was quite rough (as was he) but my force was justified. why does this worry you so much??? do you have to fend off tree huggers???

 

Those placement students can be a handful cant they?

 

On a serious note using reasonable force to prevent someone from deliberately harming themselves is acceptable

[Goaty]

Legally in cotton wool world its not allowed. Personally If I was responsible I would at some point become physical. I couldn't live with the conscience of not doing something and someone was injured. In the theory world of the classroom they preach the ideal situation.

As we know away from shirts and ties and paper its very different. Just be reserved and careful I reckon. At the rate we are going protesters will be very untouchable within a short time. Human rights(self important arrogance) will prevail.

I do agree with the idea of human rights, just not the distorted version.

[Daniel Jiggins]

You never touch someone you simply put your arms out and politely ask them to stop for a few seconds if they touch YOU or push you out the way you are allowed to use REASONABLE force.

Can't see how it should ever get to this stage though.

[likeitorlumpit]

I think for him- they often work in dodgy areas at night -where they find dangerous cables but haven't had time to get barriers erected. They have to deal with drunks etc. The advice is you can shout etc etc but not physically restrain. I was trying to suggest this wouldn't be enough in a court of law should it get to that.

Got me thinking how I would/should deal with the pedestrian who wouldn't stop as the branch was falling. Just forward planning really. We obviously need a policy.