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Philip Hanson

  • Posts: 652
HSC Announces Work at Height Regulations Enforcement Date
« on: March 22, 2005, 09:45:24 pm »
Finally, after much deliberation and postponment, the Health and Safety Commission has announced that the New Work at Height Regulations (which implement The European Temporary Work at Height Directive in Britain) have been laid before parliment and will come into force on

6th April 2005

This is only 2 weeks from now, and has come as something of a surprise!

The draft regulations have been available for many months at the HSE website at this address:

www.hse.gov.uk/consult/condocs/cd192.pdf

The final version will become available soon at the HSE website, and PWC Magazine will be reporting on any changes made as a result of the consultation with industry.  However, there is not expected to be material differences between the drafts and final regs.

You can see what has changed from the draft to the final regs here:

http://www.hse.gov.uk/aboutus/hsc/meetings/2004/121004/c04114c.pdf


You'll notice there is almost no change to Schedule 6 (Which deals with ladders) other than an additional regulation for stepladders.

The proposal document specifically states that window cleaning is an industry on which the new regs will have a significant impact (page 124 of the proposal doc)

In the coming months, we'll be seeing examples of how these new (and much tougher) regulations will be enforced both by local authorities and the HSE itself.

-Philip
Editor, Professional Window Cleaner Magazine

"The irony of the information age is that it has given new respectability to uninformed opinion"
John Lawton

AuRavelling79

  • Posts: 25385
Re: HSC Announces Work at Height Regulations Enforcement Date
« Reply #1 on: March 22, 2005, 10:00:53 pm »
Philip, having done the homework - what exactly is being "enforced" in relation to window cleaners?
It's a game of three halves!

pjulk

Re: HSC Announces Work at Height Regulations Enforcement Date
« Reply #2 on: March 22, 2005, 10:12:34 pm »
I just read through the bit about ladders and it said
A portable ladder shall be prevented from slipping during use by -

securing the stiles at or near their upper or lower ends

Effective anti-slip or other effective stability device or
any other arrangement of equivilant effectiveness.

Page 28 the the second link phil posted.

So it looks like this means we have to use LSD's to continue to use ladder.

Paul

rosskesava

Re: HSC Announces Work at Height Regulations Enforcement Date
« Reply #3 on: March 23, 2005, 12:45:22 am »
After extensive phone calls and written letters the WAHD does NOT mean that ladders cannot be used.

It's so simple.

If they have to be used which they must be for some jobs, window cleaning included, then they have to be used in the safest manner possible.

That means that if a safety item is available, then it has to be used.

It also mean that any uneccessary risks such as over reaching whilst up a ladder is not allowed and the ladder must be repositioned to reach the place required.

It's all about reducing risk and reducing accidents and in the work place, if using ladders is the cheap option at the expense of safety, then that company is in breach of the rules but only if other options other than a ladder are a viable option. i.e. 10 minutes with two staff with a ladder as opposed to a whole day and thousands in costs with a platform. Business still has to run and be viable. Imagine if ladders couldn't be used anywhere at anytime?

It's NOT about the abolition of ladders.

If anyone wants to argue this point, then I'm happy to argue it.

Sorry to write that but I do think some WFP's are over pushing what the WAHD is about and having said that, I am waiting for the day that I never go up a ladder again but please let it be honest with regards the WAHD.

Ian_Giles

  • Posts: 2986
Re: HSC Announces Work at Height Regulations Enforcement Date
« Reply #4 on: March 23, 2005, 08:35:15 am »
Well said Ross, I couldn't agree more, though interpretations of the regs by local officers will vary.
Ladders will continue to be used, and in much the same way as before, I don't think it will have a lot of impact on domestic window cleaners unless you are involved in an accident that requires a claim on your public liability.
Site work and an increasing amount of commercial work will become more insistant on full implementation of the regs.
Some places will insist on ladders NOT being used, that is already happening of course.
I am now a WFP'er, but I never say it is as a direct result of new H & S regs, but I do say it has had an impact, particularly as I do almost all commercial stuff.

It's going to be very interesting to see just how this all plays out in the coming months, I wonder how much impact it is really going to have on us all.....

Ian
Ian. ISM CLEANING SERVICES

Philip Hanson

  • Posts: 652
Re: HSC Announces Work at Height Regulations Enforcement Date
« Reply #5 on: March 23, 2005, 10:01:34 am »
Quote
It's all about reducing risk and reducing accidents and in the work place, if using ladders is the cheap option at the expense of safety, then that company is in breach of the rules but only if other options other than a ladder are a viable option.

i.e. 10 minutes with two staff with a ladder as opposed to a whole day and thousands in costs with a platform. Business still has to run and be viable.

This is a good way of putting it Ross.  The regs actually say that if the alternative to work at height that is "reasonably practicable" it should be used.

I doubt, for example, that anyone would say that it was practical to use a cherry picker to clean house windows. (and this is still working at height anyway)

The real question is whether its "reasonably practical" to use a pole system instead of ladders for most window cleaning tasks.  The answer to this is not yes or no, because it depends on the individual circumstances.  E.g. yes you might be able to use a pole system for building X. Y and Z, but for building A, B and C you can't.  Its fine to use ladders then for A,B and C if you can justify it.

In truth, most commercial buildings are already being done, or can be done, using poles and the company's own H&S policy may well stipulate you can't clean windows from ladders.  It doesn't matter a jot what the regs say in this case, if the building owner says "NO" then there's no choice!  The building owner themself will probably enforce H&S on their own without the need for HSE involvement.

For residential work, its trickier.  Its my opinion that this is where the regs will really bite for window cleaning.  Is it possible to justify ladder use on residential?  Is it "reasonably practicable" to clean residential windows with a pole system?

Again, it depends on the individual job.  However, I have met some window cleaners who have the attitude that because they only do residential, they can continue to use ladders (with devices).  In my opinion, this is not correct, and if they were asked to justify that to a HSE officer, they would not be able to.

I have read a number of articles about whether ladders could be justified on residential work, and some of the reasons that have been given just do not stand up to scrutiny.  Things like WFP cant be used because it would be difficult to get hoses round to backs of houses, or that customers might object to the hoses trailing on the garden.

Anyone who has actually used WFP for domestics will know that these things are very rarely a problem.  The fact is that window cleaners DO use WFP on domestic houses every day.  How could they do so if it were impracticable?  The HSE knows this, and I believe you'd have to come up with better reasons than "hoses on the garden" to justify working at height.

At the end of the day, each situation is different, and there will certainly be houses where ladders are the most practical method.  We just have to be careful not to use blanket assumptions, like they're okay for ALL residential work

Quote
Sorry to write that but I do think some WFP's are over pushing what the WAHD is about

That's true, I have seen systems for sale with literature about how you need it because of the impending "Ladder Ban" and this is misleading.  Remeber that ebay one?

http://www.cleanitup.co.uk/smf/index.php?topic=6730.0

-Philip
Editor, Professional Window Cleaner Magazine

"The irony of the information age is that it has given new respectability to uninformed opinion"
John Lawton

Ian_Giles

  • Posts: 2986
Re: HSC Announces Work at Height Regulations Enforcement Date
« Reply #6 on: March 23, 2005, 02:19:57 pm »
I am pleased and relieved that I am not going to be at risk of conflict with the WAHD, but what I await with bated breath is the manner in which these regs are going to be enforced.
I cannot imagine that Health & Safety Officers will actively patrol housing estates hunting down evil, criminal ladder users ;D
But perhaps they will no longer turn a blind eye when they do see someone working off a ladder (not just window cleaners).
I would think it entirely possible that a couple of prosecutions in a town (and not just a ticking off and a, 'I'll throw the book at you next time laddie') would have a powerful knock on effect.
So perhaps it would not be necessary for them to cruise around housing estates?

It will also come down to how individual Officers interpret the regulations, I'm sure I have read on one of the forums a report to the effect that this will make a difference.
And of all the EU Countries, the UK always seems to be the one that enforces any EU directive to the letter if it can.

Change isn't a bad thing, and at least for us window cleaners we have a first rate alternative with WFP. H & S also affect the WFP user, but it is far easier to conform to.

Ian
Ian. ISM CLEANING SERVICES

stevekennedy

  • Posts: 677
Re: HSC Announces Work at Height Regulations Enforcement Date
« Reply #7 on: March 23, 2005, 05:43:54 pm »
remember guys. The victorians used to put kids up chimneys to clean them. Didn't think anything of it. Now of course we would never expose any worker to such risks. Why did they do it? Answer: It was CHEAP!

I bet more people have died from falls than ever died going up chimneys.
In a few years people will look back at ladder use with the same amazement. They will not believe that we used to climb unsupported ladders. And for what vital purpose? Merely to clean a window!

"Why didn't they use a pole system?" people will ask.

The historian will reply, "Because they wanted to do it CHEAP!"

Times move on. Let's make sure that our industry moves with them.

tom_currie

  • Posts: 98
Re: HSC Announces Work at Height Regulations Enforcement Date
« Reply #8 on: March 23, 2005, 05:48:07 pm »
QUOTE REGULATIONS

"AVOID WORK AT HEIGHT WHERE THEY CAN"

Duke

Re: HSC Announces Work at Height Regulations Enforcement Date
« Reply #9 on: March 23, 2005, 05:52:35 pm »
or maybe the Historian will answer...'because they'd only recently been made available to the masses, and in the early day's, people were suspicious of them.....people don't like change, even when it's for their own good ! '.....or some such thing..

Re: HSC Announces Work at Height Regulations Enforcement Date
« Reply #10 on: March 23, 2005, 06:57:59 pm »
If a window cleaner who only does domestic work has a contract of agreement with each customer, and in it he has his health and saftey procedure, how can the HSE even be invloved??

stevekennedy

  • Posts: 677
Re: HSC Announces Work at Height Regulations Enforcement Date
« Reply #11 on: March 23, 2005, 07:04:23 pm »
Hey duke, nice one  ;)

Terry_Burrows

  • Posts: 1643
Re: HSC Announces Work at Height Regulations Enforcement Date
« Reply #12 on: March 23, 2005, 07:07:48 pm »
 ;) I think stuart,maybe if someone starts trying to make a claim of some sort,the lawyers may well try to bring them in ???I think thats a possible,you know what its like when things go wrong,people like chucking the book at you ::)
WWW.FASTESTWINDOWCLEANER.CO.UK
GUINNESS WORLD RECORD HOLDER
BURNING RUBBER FASTER!
NATIONAL FEDERATION OF MASTER WINDOW CLEANERS.

Re: HSC Announces Work at Height Regulations Enforcement Date
« Reply #13 on: March 23, 2005, 07:08:10 pm »
Quote
remember guys. The victorians used to put kids up chimneys to clean them. Didn't think anything of it. Now of course we would never expose any worker to such risks. Why did they do it? Answer: It was CHEAP!

I bet more people have died from falls than ever died going up chimneys.
In a few years people will look back at ladder use with the same amazement. They will not believe that we used to climb unsupported ladders. And for what vital purpose? Merely to clean a window!

"Why didn't they use a pole system?" people will ask.

The historian will reply, "Because they wanted to do it CHEAP!"

1st point: WFPers say it costs the same as traditional, so how is traditional "cheap"

2nd point: If you have a contract with a customer, you take the risk of accidents on board, if its a risk, you dont do it

stevekennedy

  • Posts: 677
Re: HSC Announces Work at Height Regulations Enforcement Date
« Reply #14 on: March 23, 2005, 07:12:11 pm »
;)I think stuart,maybe if someone starts trying to make a claim of some sort,the lawyers may well try to bring them in ???I think thats a possible,you know what its like when things go wrong,people like chucking the book at you ::)

Terry, you are spot on as usual. The lawyers eyes are everywhere.

Re: HSC Announces Work at Height Regulations Enforcement Date
« Reply #15 on: March 23, 2005, 07:27:18 pm »
I personally cant believe the HSE is even interested in the average window cleaner.

The problems with working at heights come in for cradle workers or absailers, or commercial work when someone gets the lawyers in.
Find me an example of a window cleaner dying as a result of domestic work, or a case of lawyers even being involved, you will be hard pressed im sure .

 This forum is swamped with WFPers who, in order to jusify their expence are shouting about the new regulations, as if ladders will end up in museums. Its not a balanced view. It does not represent the majority. It does not represent the new HSE regulations. It is scaremainering (sic)

Roy Harding

  • Posts: 1973
Re: HSC Announces Work at Height Regulations Enforcement Date
« Reply #16 on: March 23, 2005, 07:51:03 pm »
I window cleaned with a squeegee for 20yrs and went over to water fed pole a year ago, with great apprehension. :-\ I had questions like will it do as good a job? Will I be able to do as much? The answer to both is yes, :) and the benefit of not having to climb ladders so often. I personally don’t have to justify the expense, as there are many advantages apart from the safety point

Don’t get me wrong I love doing squeegee work, have you noticed people watching you when you clean a window, as there is something magical about seeing the water glide away and then a beautifully finished window.

But If I had to make a choice sorry I would not go back

Roy 

Terry_Burrows

  • Posts: 1643
Re: HSC Announces Work at Height Regulations Enforcement Date
« Reply #17 on: March 23, 2005, 08:24:20 pm »
 ;)The fact is houses or not you can still fall,fall on your head and your dead,does not have to be a great height
WWW.FASTESTWINDOWCLEANER.CO.UK
GUINNESS WORLD RECORD HOLDER
BURNING RUBBER FASTER!
NATIONAL FEDERATION OF MASTER WINDOW CLEANERS.

matt

Re: HSC Announces Work at Height Regulations Enforcement Date
« Reply #18 on: March 23, 2005, 08:51:09 pm »

Find me an example of a window cleaner dying as a result of domestic work, or a case of lawyers even being involved, you will be hard pressed im sure .

 

11 years ago i did a 1 yr course to become a HSE officer, it was very interesting, I am a carpenter by trade and have a HSE in building studies, i wanted to go down the Safety Officer route of the building game, thus did this HSE course

I still speak with 2 people who were on the same course, a few weeks ago i told him about my WFP window cleaning company and mentioned the WaH directive and he smirked and said its a cracking idea to tighten the issues up, and i mentioned that i mainly do domestic cleaning,

he told me the year before last the HSE says 13 window cleaners died and just under 30000 (yes 30 THOUSAND) had a serious accident

it shocked me

Ian_Giles

  • Posts: 2986
Re: HSC Announces Work at Height Regulations Enforcement Date
« Reply #19 on: March 23, 2005, 09:01:01 pm »
'Cheaper' I think you will find is in relation to the cost of setting up with ladders and squeegee etc, far, far cheaper than WFP.

I almost never carp on about the safety angle of WFP, no need, its self evident.
for me it is because it is easier and quicker and the overall finish is better as a result of the way the frames get cleaned as well.
Now you may be a paragon of a cleaner and scrub frames and windows till t hey gleam, good for you, you are a better man than I was, I cleaned the windows and the sills, frames if I thought they needed it or if it was requested.
All is now done regardless.

Now I also have to say it is also easier to do a cr*p job, but this is where the skill of the operator comes into play, it may be an easier, quicker job, but great care has to be taken.

Next month I am sure we will all be holding our breath to see just how enforcement is going to be implemented.
The coming months are going to be interesting.

Oh, and I don't think a contract between you and a domestic customer will hold any weight with Health and safety :-\  And your insurance company sure as eggs are eggs won't be interested in that one!

Perhaps it will be as some of you say, and they won't be interested in domestic one man bands....except, that is exactly what the majority of window cleaners are, one man bands cleaning mostly domestic houses.

Mind how you go ;)

Ian
Ian. ISM CLEANING SERVICES