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bobplum

  • Posts: 5602
foa Andrew willis
« on: November 12, 2012, 06:36:51 pm »
if a householder contracts a firm/person to remove rubbish from there property and the contractor disposes of it illegally,ie dumped in a side lane my understanding is that the householder can be fined as well,usually traced back by the council from paper work in the rubbish,letters etc.
Can that logic be applied to a householder contracting a window cleaner,lets say HSE turn up or he/she falls and an investigation is carried out.

i know my life is empty ;D

Re: foa Andrew willis
« Reply #1 on: November 12, 2012, 07:26:45 pm »
Interesting analogy

Would be nice as it would solve a lot of residential and domestic issues,

my view for what’s its worth would encourage householder’s too only employ profesional window cleaners

Can that logic be applied to a householder contracting a window cleaner, lets say HSE turn up or he/she falls and an investigation is carried out.


To answer

Home occupiers – the home occupier has no responsibility for workplace safety. They have a tort, civil duty  “duty of care”; this is dealt within civil law and courts.

If the window cleaner is employed by a company The HSE would investigate / prosecute the company, the individual window cleaner would also be responsible for his actions.
 
Window Cleaners, sole traders etc have a legal duty to themselves and others and the HSE could issue an improvement notice or prohibition notice and have works stopped, all actions at the window cleaners.

In the event of injury or fatality

As above,

Sole trader, company found guilty, if the window cleaner is injured on a residential house the homeowner is open to civil action from the window cleaner or family in the event of loss.

Hope this helps

Regards

Andy   

bobplum

  • Posts: 5602
Re: foa Andrew willis
« Reply #2 on: November 12, 2012, 07:44:49 pm »
Many thanks
Bob

Lee Burbidge

  • Posts: 2287
Re: foa Andrew willis
« Reply #3 on: November 12, 2012, 08:03:02 pm »
Interesting analogy

Would be nice as it would solve a lot of residential and domestic issues,

my view for what’s its worth would encourage householder’s too only employ profesional window cleaners

Can that logic be applied to a householder contracting a window cleaner, lets say HSE turn up or he/she falls and an investigation is carried out.


To answer

Home occupiers – the home occupier has no responsibility for workplace safety. They have a tort, civil duty  “duty of care”; this is dealt within civil law and courts.

If the window cleaner is employed by a company The HSE would investigate / prosecute the company, the individual window cleaner would also be responsible for his actions.
 
Window Cleaners, sole traders etc have a legal duty to themselves and others and the HSE could issue an improvement notice or prohibition notice and have works stopped, all actions at the window cleaners.

In the event of injury or fatality

As above,

Sole trader, company found guilty, if the window cleaner is injured on a residential house the homeowner is open to civil action from the window cleaner or family in the event of loss.

Hope this helps

Regards

Andy   


Like button please! ;) good answer Andy.

wpclean

Re: foa Andrew willis
« Reply #4 on: November 12, 2012, 08:06:17 pm »
Would a self employed window cleaner (working alone ) using only ladders all day be breaking the law ?

Re: foa Andrew willis
« Reply #5 on: November 12, 2012, 08:12:14 pm »
Would a self employed window cleaner (working alone ) using only ladders all day be breaking the law ?

Has he been trained to use it, if the answer is no, then yes under PUWER 1998

wpclean

Re: foa Andrew willis
« Reply #6 on: November 12, 2012, 08:18:18 pm »
Would a self employed window cleaner (working alone ) using only ladders all day be breaking the law ?

Has he been trained to use it, if the answer is no, then yes under PUWER 1998
I was thinking about the W.A.H.D Andrew, regarding working with ladders ?   

stuart mc

  • Posts: 7775
Re: foa Andrew willis
« Reply #7 on: November 12, 2012, 08:23:09 pm »
Would a self employed window cleaner (working alone ) using only ladders all day be breaking the law ?

Has he been trained to use it, if the answer is no, then yes under PUWER 1998
what if the answer is yes

Re: foa Andrew willis
« Reply #8 on: November 12, 2012, 08:27:01 pm »
Would a self employed window cleaner (working alone ) using only ladders all day be breaking the law ?

Has he been trained to use it, if the answer is no, then yes under PUWER 1998
I was thinking about the W.A.H.D Andrew, regarding working with ladders ?   

Sorry yes

Reg 6 WAHR covers this under avoidance
Reg 7 selection of equipment
Management regs within risk assessment

Been a long day,






Re: foa Andrew willis
« Reply #9 on: November 12, 2012, 08:28:02 pm »
Would a self employed window cleaner (working alone ) using only ladders all day be breaking the law ?

Has he been trained to use it, if the answer is no, then yes under PUWER 1998
I was thinking about the W.A.H.D Andrew, regarding working with ladders ?   

Sorry yes

Reg 6 WAHR covers this under avoidance
Reg 7 selection of equipment
Management regs within risk assessment

Been a long day,


Stuart as above