https://www.facebook.com/john.chilver.9/posts/10201948566448425http://www.manchestereveningnews.co.uk/news/greater-manchester-news/restaurant-hit-18k-bill-after-6656488#
As the report of the court case explains the condition of the trap being unprotected and the limit to the control measures were explained in the following extract:
"On February 5 last year, the duty manager took a beer delivery and opened the hatch in the restaurant.
In a statement he said he shouted to colleagues to be careful but they later said they did not hear him.
He also placed a bin at the kitchen entrance to block it. At first, the manager stood guard over the open hatch but left to answer the phone. When Mr Lally walked through the kitchen he fell into the hole."
If a report from consultants had been produced which did not state 'Stop Work' in this area, they most likely would have been prosecuted for not giving effective advice.This is a classic example of "Be careful out there use your common sense" we all know how effective that is.
My concern is the previous warnings by Environmental Health Officers why wasn't a Prohibition Notice issued? Shouldn't the authority take a proportion of the blame?Responses by supervisors similar to this example are common when investigating accidents, the most common being "they were warned to avoid the area etc" or "you expect them to use their common sense".
People often say "Safety is just common sense". My common response is "common sense is something we all talk about but we still use a chair to change a light bulb". I believe without exception we all fail to use common sense. Where would we be if our road systems didn't have signs and lane controls and relied on drivers stopping and giving way using the common sense we all talk about.
Preventing falls from height
Below is a brief guide to what may be involved in ensuring safety in a similar work place.
The Work at Height Regulations 2005 covers falls from any height in any circumstance including trenches and work below ground as well as floor edges and traps in platforms or ground level openings. My explanation above is worded to demonstrate that any fall as a result of an unprotected edge is covered by these regulations. These regulations are not industry specific they apply to all workplaces including offices and shops etc.
The regulations require employers and the self employed to plan work areas and activities to ensure the risk of a fall from height is effectively prevented.
In the court case above a trap door for loading a beer cellar did not have suitable arrangements to prevent persons from falling. The systems that are required for a similar workplace would need to involve rigid barriers which would resist a person from falling in. In addition a system of work is required to ensure the safety of those loading barrels or casks through the hatch. Employers must have suitable and effective Risk Assessments and a system of work known as a Method Statement.
Effective Control Measures must be in place at all times.
For further advice in compliance with safety law please contact john_chilver@yahoo.co.uk
