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Is it actually illegal to use a top handle saw on the ground and has anyone actually been prosecuted for doing so?

 

No its not against " the Law " because there are none regarding the use of saws. We have HSE and industry standard guidelines that forbid the use of them, within the industry and on commercial contracts the use of a top handle on the floor would invariably get the operator or even the main contractor slung off the job. Should an injury occur because of the use of one these saws on the ground some insurers may decline a claim. For private work sweet FA applies.

 

Bob

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No its not against " the Law " because there are none regarding the use of saws. We have HSE and industry standard guidelines that forbid the use of them, within the industry and on commercial contracts the use of a top handle on the floor would invariably get the operator or even the main contractor slung off the job. Should an injury occur because of the use of one these saws on the ground some insurers may decline a claim. For private work sweet FA applies.

 

Bob

So basically when people say they've heard that someone has been prosecuted they're talking $h*t.

 

Speaking of being 'Slung off the job' supposing a qualified operator was on a domestic site doing a paid for job and an HSE bod witnessed him (or a nosey neighbour for that matter) using a top handle saw on the ground what could the HSE bod actually do assuming no accident had happened or injuries had been sustained, physically manhandle the operator off site? report him? (to whom)

 

Like I say I'm not saying I'm going to rush out and do it but what other people do is up to them with the proviso that if breaching the regulations led to too many injuries it could provide ammunition for those who would like to ban top handle saws altogether and that would be a bad thing for those who actually need to use a top handle.

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So basically when people say they've heard that someone has been prosecuted they're talking $h*t.

 

Speaking of being 'Slung off the job' supposing a qualified operator was on a domestic site doing a paid for job and an HSE bod witnessed him (or a nosey neighbour for that matter) using a top handle saw on the ground what could the HSE bod actually do assuming no accident had happened or injuries had been sustained, physically manhandle the operator off site? report him? (to whom)

 

HSE have plenty of cases like this where they have prosecuted for dangerous working practices. This is an extreme case but an indication of the tools they have at hand, unlikely they would go for it just for the top handle though. Barking: Gardener fined £6,000 after neighbour snapped him perched on treetop while holding chainsaw | Daily Mail Online.

 

Bob

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So basically when people say they've heard that someone has been prosecuted they're talking $h*t.

 

Speaking of being 'Slung off the job' supposing a qualified operator was on a domestic site doing a paid for job and an HSE bod witnessed him (or a nosey neighbour for that matter) using a top handle saw on the ground what could the HSE bod actually do assuming no accident had happened or injuries had been sustained, physically manhandle the operator off site? report him? (to whom)

 

Like I say I'm not saying I'm going to rush out and do it but what other people do is up to them with the proviso that if breaching the regulations led to too many injuries it could provide ammunition for those who would like to ban top handle saws altogether and that would be a bad thing for those who actually need to use a top handle.

 

People have been prosecuted for accidents arising from tree work but its unlikely that you will find a prosecution for the use of a top handled saw on the ground where no accident has occurred. Any action would probably start with an improvement notice (slapped hand) anyway.

 

The HSE don't have the power to manhandle someone off site, however if you failed to comply with a safety instruction they do have the power to bring a prosecution under the HSAW act.

 

They can also bring a prosecution against your customer and while its unlikely, the mere threat of such would see a contractor going down the garden path on the end of a customers boot.

 

Ultimately, if whatever you were doing was an imminent danger to others the HSE can simply call plod and have the dangerous action stopped that way.

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They are more dangerous because they are harder to control when there is kickback. Even the most experienced saw operators get kickback from time to time. People get tired, under time pressure, lapse in concentration and so on. It's not a law, nor even a rule (unless you work for the company I work for. If we catch someone using a topper on the ground, it's home for the day and a written warning). It is best practice though. Just because there are very few who could hand on heart say that they have never used a topper on the ground (myself included), doesn't mean that we should dismiss the issue as, "...well everyone does it, so it's okay." Rear handled saw are more ergonomic, and the distance between the handles gives the user added leverage, which is simply safer when kickback happens.

 

 

 

Are you going to jail for doing it? No

 

Are you going to get injured every time you use one on the ground? No

 

Is is perfectly fine to use one on the ground? Well, there are better options available. So, why not use them?

 

 

 

I put it in the same category as applying the chainbrake with your palm instead of your wrist. You can do it, and get away with it a million times. It doesn't mean that it's best practice though.

 

 

What about if you don't use the chai brake?

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HSE have plenty of cases like this where they have prosecuted for dangerous working practices. This is an extreme case but an indication of the tools they have at hand, unlikely they would go for it just for the top handle though. Barking: Gardener fined £6,000 after neighbour snapped him perched on treetop while holding chainsaw | Daily Mail Online.

 

Bob

 

What an ar$h*le, could have simply gone and advised the guy in the tree, in fact it could be argued that as he didn't he was failing in his duty as someone trained to assess others in the correct use of a chainsaw. Rather he choose to skulk in his living room and take a photgraph, a real hero :001_rolleyes:

 

As for the HSE representative, -HSE inspector Neil Ward said: ‘Chainsaws are dangerous pieces of machinery in untrained hands.

‘It is sheer good fortune that no one was hurt that day.’

 

Given that the guy in question was 53 it's highly likey that he performed the same task quite a few times in the past, he must have more than his fair share of 'Sheer Good Fortune'

 

Why do people making media statements feel the need to be so f***ing dramatic.

 

Don't get me wrong, a lot of good things have come out of an increased awareness of health and safety, especially for employees but to$$ers like those do more harm than good.

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