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 Post subject: Statutory duties
PostPosted: Thu Dec 18, 2008 1:06 pm 
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I've tried googling this question but it just doesn't do the trick so I thought I'd ask those in the know. So here you are, as a HC or PH taxi driver

What are your statutory duties and liabilities relating to health and safety

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 Post subject: Re: Statutory duties
PostPosted: Thu Dec 18, 2008 6:12 pm 
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toots wrote:
What are your statutory duties and liabilities relating to health and safety

To do all you reasonably can, or all the 'man on the Clapham omnibus' would be reasonably expected to do.

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 Post subject: Re: Statutory duties
PostPosted: Thu Dec 18, 2008 6:50 pm 
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Sussex wrote:
toots wrote:
What are your statutory duties and liabilities relating to health and safety

To do all you reasonably can, or all the 'man on the Clapham omnibus' would be reasonably expected to do.


What maybe reasonable in my eyes might be unreasonable in yours...how do you define reasonable?


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 Post subject:
PostPosted: Thu Dec 18, 2008 6:59 pm 
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That is the $64,000 question.

To expand on Sussex's comment, prior to 1933, the courts didn't know how to define reasonable. Lord Justice Greer came up with the phrase in the Hall case in that year.

Denning MR was very fond of the phrase in his championing of 'common sense law' during his distinguished career. If you ever come across a Denning judgement, they make wonderful reading. If I can find a decent one, I'll post a link to it. Meantime, here is a short article to help answer the 'reasonable man' question:

http://en.wikipedia.org/wiki/The_man_on ... am_omnibus


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 Post subject:
PostPosted: Thu Dec 18, 2008 7:02 pm 
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cabbyman wrote:
That is the $64,000 question.

To expand on Sussex's comment, prior to 1933, the courts didn't know how to define reasonable. Lord Justice Greer came up with the phrase in the Hall case in that year.

Denning MR was very fond of the phrase in his championing of 'common sense law' during his distinguished career. If you ever come across a Denning judgement, they make wonderful reading. If I can find a decent one, I'll post a link to it. Meantime, here is a short article to help answer the 'reasonable man' question:

http://en.wikipedia.org/wiki/The_man_on ... am_omnibus


yup...I like that phrase..makes sense


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 Post subject:
PostPosted: Thu Dec 18, 2008 7:05 pm 
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How can anyone who uses a bus be considered sensible and reasonable?

:lol:

CC

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 Post subject: Re: Statutory duties
PostPosted: Thu Dec 18, 2008 7:43 pm 
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bloodnock wrote:
Sussex wrote:
toots wrote:
What are your statutory duties and liabilities relating to health and safety

To do all you reasonably can, or all the 'man on the Clapham omnibus' would be reasonably expected to do.


What maybe reasonable in my eyes might be unreasonable in yours...how do you define reasonable?

You or me don't, but the courts do. :wink:

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 Post subject:
PostPosted: Thu Dec 18, 2008 8:14 pm 
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captain cab wrote:
How can anyone who uses a bus be considered sensible and reasonable?

:lol:

CC


not just any old Bus...but an Omnibus... :shock:


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 Post subject:
PostPosted: Thu Dec 18, 2008 9:33 pm 
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bloodnock wrote:

not just any old Bus...but an Omnibus... :shock:


That must be a posh one :wink:

On second thoughts, the bloke also comes from Clapham!

I think the judge needs to reassess this, hows about

the bloke in the back of my cab from a nice middle class estate test?

CC

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 Post subject:
PostPosted: Thu Dec 18, 2008 10:01 pm 
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What You Need To Do

Information For Employers

Main Duties

Under the Health and Safety at Work etc. Act 1974 the main duties of employers are to:

1. Provide equipment and systems of work that are safe and without risks to health.
2. Ensure the safe handling, storage, transport and use of articles and substances.
3. Provide adequate information, instruction, training and supervision.
4. Maintain the Workplace in a safe condition, including means of access and egress.
5. Provide a work environment that is safe and provide adequate welfare facilities.
6. Ensure non-employees are not put at risk.

Employees must:

1. Take reasonable care of themselves and others who could be affected by their actions.
2. Co-operate with their employer on matters of health and safety.

Self-employed persons have duties to:

1. Ensure their own health and safety.
2. Ensure the safety of non-employees who may be put at risk.

The duties above are qualified by the phrase 'so far as is reasonably practicable'. This means that the cost and effort of doing something should be balanced against the risk. The greater the risk posed by a work activity, the greater the control measures will need to be. This process of risk assessment and control is fundamental to effective health and safety performance.

Management Of Health And Safety

The proper and effective management of health and safety will reduce the risk of accidents and occupational ill health.

Good safety management will involve:

Planning
Organising
Controlling
Monitoring
Reviewing

Health and Safety policy statements are required for employers who employ five or more people. They should include a general statement of policy, a definition of the organisational responsibilities of directors, managers and employees, and details of the arrangements for securing a safe and healthy workplace.

Training should also be carried out whenever necessary and may range from general induction training to more specific/complex matters. A simple, initial training checklist may include the following:

1. Company safety set up/reporting structure
2. Fire and evacuation procedures
3. First aid provision and location
4. Safety Procedures - equipment/machines
- processes
- activities
- hazardous locations
5. General safety rules, housekeeping etc.
6. Accident/Ill Health/Defect Reporting
7. Use of personal protective equipment/safety equipment.

NB: This list should not be seen as exhaustive/definitive.

Risk Assessment

You need to assess risks to the health and safety of yourself, employees, visitors and customers arising from your business and work activities. This means systematically thinking about what you and your business does and about any hazards arising in the workplace. Hazard means anything that can cause harm (eg. Chemicals, electricity, working from ladders, or at a height etc). Risk is the chance, high or low, that somebody will be harmed by the hazard.

The law requires that you do what is reasonably practicably to keep your workplace safe. If you cannot remove the hazard, then you need to take steps to put in place adequate precautions that control the risks so that harm is unlikely.

1. LOOK for the hazards
2. DECIDE who might be harmed and how
3. ASSESS the risks and decide whether existing precautions are adequate or further action needs to be taken
4. RECORD your findings
5. TAKE any action identified as necessary

If you have five or more employees, you need to keep a record of the significant findings. You must also inform your employees about your findings.

You need to show that your assessment was 'suitable and sufficient'. Even if you have fewer than five employees, it can be useful to have a record. (It can help show that you have done what the low requires).

The assessment should be reviewed if work practices change or new equipment is introduced. It is advisable however, to review it on a regular basis.

Your risk assessment should be systematic and assist in identifying controls and estabilishing safe working procedures. These should be incorporated in your safety policy.

Competent Person(s)

A competent person(s) must be appointed to help carry out your health and safety responsibilities. They should possess the necessary training, experience, knowledge or other appropriate qualities. Ideally, the competent person will be someone already working within the business.

Safety Issues

1. Fire Safety
- Do you need a Fire Certificate?
- What fire precautions are required?

Full advice can be obtained from the Fire Prevention Officer (Lancashire Fire Safety Dept. Tel: 01772 556506).

2. First Aid
- Need to provide adequate and appropriate first aid equipment, facilities and personnel and to inform employees of your arrangements.

3. Accident/Ill Health Recording and Reporting
- Do all staff know what to do?

4. Electricity
- Electrical systems and portable appliances must be maintained in a safe condition.

5. Hazardous Substances
- The risk from substances hazardous to health must be assessed (under the COSHH Regulations 1994) and any necessary control measures implemented and maintained.

6. Manual Handling
- Manual handling activities will need to be assessed and any risks reduced so far as is reasonably practicable.

7. Display Screen Equipment
- Where you have 'users' of DSE, an assessment of their workstations must be carried out.

8. Personal Protective Equipment
- Selection, use and maintenance of PPE must be such as to ensure safety. Training of employees will also be required.

9. Work Equipment
- Must be 'suitable' (i.e. safe) and maintained adequately. Contact with dangerous parts must be prevented. Training and instruction must be carried out.

10. Workplace
- Workplaces must be suitably ventilated, heated and lit. They should be clean and not be overcrowded. A sufficient number of sanitary conveniences and washing facilities with hot and cold water must be provided, as should facilities to rest and eat meals. Accommodation for non-work clothing and an adequate supply of wholesome drinking water are also required.

11. Registration
- If you employ people in an office or shop (working more than 21 hours in aggregate total) you will need to notify the enforcing authority using form OSR1. Copies are available from Preston City Council.

12. Compulsory Insurance
- The Employers' Liability (Compulsory Insurance) Act 1969, requires all employers to take out and maintain an insurance policy to cover the cost of any accidents etc. that may arise out of your work activities. A current copy of the certificate should be displayed in your premises.

13. Health and Safety Information
- Health and Safety Law information (poster or leaflets) must be provided and conspicuously displayed. The enforcing authority's address should be written in the appropriate space on the poster.

14. Record Keeping
- Records that may need to be maintained/
kept include:

* Fire Certificate
* Accident Book
* Accident Forms (F2508)
* Health and Safety Policy Statement
* Assessments - risk (general)


- COSHH
- Manual Handling
- Display Screen Equipment
- Noise
- Personal Protective Equipment

* Statutory inspection certificates


- lifting plant and equipment
- hoists and lifts
- pressure systems

* Equipment maintenance
* Electrical system and appliances
* Training
* Monitoring/surveillance records (re: Control of substances hazardous to health)

(With acknowledgement to Nuneaton and Bedworth Councils).

Guidance can be found in the free HSE leaflet "5 steps to Risk Assessment", available from HSE Books, PO Box 1999, Sudbury, Suffolk, CO10 2WA, Tel: 01787 881165, Fax: 01787 313995.


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 Post subject:
PostPosted: Thu Dec 18, 2008 10:01 pm 
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Joined: Tue Apr 29, 2008 4:06 pm
Posts: 24391
Location: Twixt Heaven and Hell, but nearest Hell
What You Need To Do

Information For Employers

Main Duties

Under the Health and Safety at Work etc. Act 1974 the main duties of employers are to:

1. Provide equipment and systems of work that are safe and without risks to health.
2. Ensure the safe handling, storage, transport and use of articles and substances.
3. Provide adequate information, instruction, training and supervision.
4. Maintain the Workplace in a safe condition, including means of access and egress.
5. Provide a work environment that is safe and provide adequate welfare facilities.
6. Ensure non-employees are not put at risk.

Employees must:

1. Take reasonable care of themselves and others who could be affected by their actions.
2. Co-operate with their employer on matters of health and safety.

Self-employed persons have duties to:

1. Ensure their own health and safety.
2. Ensure the safety of non-employees who may be put at risk.

The duties above are qualified by the phrase 'so far as is reasonably practicable'. This means that the cost and effort of doing something should be balanced against the risk. The greater the risk posed by a work activity, the greater the control measures will need to be. This process of risk assessment and control is fundamental to effective health and safety performance.

Management Of Health And Safety

The proper and effective management of health and safety will reduce the risk of accidents and occupational ill health.

Good safety management will involve:

Planning
Organising
Controlling
Monitoring
Reviewing

Health and Safety policy statements are required for employers who employ five or more people. They should include a general statement of policy, a definition of the organisational responsibilities of directors, managers and employees, and details of the arrangements for securing a safe and healthy workplace.

Training should also be carried out whenever necessary and may range from general induction training to more specific/complex matters. A simple, initial training checklist may include the following:

1. Company safety set up/reporting structure
2. Fire and evacuation procedures
3. First aid provision and location
4. Safety Procedures - equipment/machines
- processes
- activities
- hazardous locations
5. General safety rules, housekeeping etc.
6. Accident/Ill Health/Defect Reporting
7. Use of personal protective equipment/safety equipment.

NB: This list should not be seen as exhaustive/definitive.

Risk Assessment

You need to assess risks to the health and safety of yourself, employees, visitors and customers arising from your business and work activities. This means systematically thinking about what you and your business does and about any hazards arising in the workplace. Hazard means anything that can cause harm (eg. Chemicals, electricity, working from ladders, or at a height etc). Risk is the chance, high or low, that somebody will be harmed by the hazard.

The law requires that you do what is reasonably practicably to keep your workplace safe. If you cannot remove the hazard, then you need to take steps to put in place adequate precautions that control the risks so that harm is unlikely.

1. LOOK for the hazards
2. DECIDE who might be harmed and how
3. ASSESS the risks and decide whether existing precautions are adequate or further action needs to be taken
4. RECORD your findings
5. TAKE any action identified as necessary

If you have five or more employees, you need to keep a record of the significant findings. You must also inform your employees about your findings.

You need to show that your assessment was 'suitable and sufficient'. Even if you have fewer than five employees, it can be useful to have a record. (It can help show that you have done what the low requires).

The assessment should be reviewed if work practices change or new equipment is introduced. It is advisable however, to review it on a regular basis.

Your risk assessment should be systematic and assist in identifying controls and estabilishing safe working procedures. These should be incorporated in your safety policy.

Competent Person(s)

A competent person(s) must be appointed to help carry out your health and safety responsibilities. They should possess the necessary training, experience, knowledge or other appropriate qualities. Ideally, the competent person will be someone already working within the business.

Safety Issues

1. Fire Safety
- Do you need a Fire Certificate?
- What fire precautions are required?

Full advice can be obtained from the Fire Prevention Officer (Lancashire Fire Safety Dept. Tel: 01772 556506).

2. First Aid
- Need to provide adequate and appropriate first aid equipment, facilities and personnel and to inform employees of your arrangements.

3. Accident/Ill Health Recording and Reporting
- Do all staff know what to do?

4. Electricity
- Electrical systems and portable appliances must be maintained in a safe condition.

5. Hazardous Substances
- The risk from substances hazardous to health must be assessed (under the COSHH Regulations 1994) and any necessary control measures implemented and maintained.

6. Manual Handling
- Manual handling activities will need to be assessed and any risks reduced so far as is reasonably practicable.

7. Display Screen Equipment
- Where you have 'users' of DSE, an assessment of their workstations must be carried out.

8. Personal Protective Equipment
- Selection, use and maintenance of PPE must be such as to ensure safety. Training of employees will also be required.

9. Work Equipment
- Must be 'suitable' (i.e. safe) and maintained adequately. Contact with dangerous parts must be prevented. Training and instruction must be carried out.

10. Workplace
- Workplaces must be suitably ventilated, heated and lit. They should be clean and not be overcrowded. A sufficient number of sanitary conveniences and washing facilities with hot and cold water must be provided, as should facilities to rest and eat meals. Accommodation for non-work clothing and an adequate supply of wholesome drinking water are also required.

11. Registration
- If you employ people in an office or shop (working more than 21 hours in aggregate total) you will need to notify the enforcing authority using form OSR1. Copies are available from Preston City Council.

12. Compulsory Insurance
- The Employers' Liability (Compulsory Insurance) Act 1969, requires all employers to take out and maintain an insurance policy to cover the cost of any accidents etc. that may arise out of your work activities. A current copy of the certificate should be displayed in your premises.

13. Health and Safety Information
- Health and Safety Law information (poster or leaflets) must be provided and conspicuously displayed. The enforcing authority's address should be written in the appropriate space on the poster.

14. Record Keeping
- Records that may need to be maintained/
kept include:

* Fire Certificate
* Accident Book
* Accident Forms (F2508)
* Health and Safety Policy Statement
* Assessments - risk (general)


- COSHH
- Manual Handling
- Display Screen Equipment
- Noise
- Personal Protective Equipment

* Statutory inspection certificates


- lifting plant and equipment
- hoists and lifts
- pressure systems

* Equipment maintenance
* Electrical system and appliances
* Training
* Monitoring/surveillance records (re: Control of substances hazardous to health)



Guidance can be found in the free HSE leaflet "5 steps to Risk Assessment", available from HSE Books, PO Box 1999, Sudbury, Suffolk, CO10 2WA, Tel: 01787 881165, Fax: 01787 313995.


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 Post subject:
PostPosted: Thu Dec 18, 2008 11:04 pm 
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Location: Wirral
This is one of the questions on the NVQ for which I have about 3 lines to write in, any chance of a condensed version, pleeeeeeeeeeese.

The really strange thing about this is I've actually done my NVQ but can't remember what answer I gave and I don't have accesss to my file as yet but I do need this answer for prep on something else

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 Post subject: Re: Statutory duties
PostPosted: Fri Dec 19, 2008 6:42 am 
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Joined: Thu Nov 04, 2004 5:53 pm
Posts: 10381
toots wrote:
I've tried googling this question but it just doesn't do the trick so I thought I'd ask those in the know. So here you are, as a HC or PH taxi driver

What are your statutory duties and liabilities relating to health and safety


I wasn't aware Health and safety regulations extended to self employed taxi drivers?

Cab drivers owe a duty of care to all passengers while they are travelling in their vehicle but that is all. Wheelchair bound passengers are subject to secure measures.

Isn't health and safety legislation meant to safeguard employees?

Regards

JD

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Copyright notice © The contents of this post are copyright of JD and are not to be reproduced outside of TDO without written permission.


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 Post subject: Re: Statutory duties
PostPosted: Fri Dec 19, 2008 11:03 am 
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Joined: Tue Oct 21, 2003 7:25 pm
Posts: 37494
Location: Wayneistan
JD wrote:
toots wrote:
I've tried googling this question but it just doesn't do the trick so I thought I'd ask those in the know. So here you are, as a HC or PH taxi driver

What are your statutory duties and liabilities relating to health and safety


I wasn't aware Health and safety regulations extended to self employed taxi drivers?

Cab drivers owe a duty of care to all passengers while they are travelling in their vehicle but that is all. Wheelchair bound passengers are subject to secure measures.

Isn't health and safety legislation meant to safeguard employees?

Regards

JD


I think if you check through it JD you'll find they apply to the self employed.

regards

CC

_________________
Think of how stupid the average person is, and realize half of them are stupider than that.
George Carlin


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 Post subject: Re: Statutory duties
PostPosted: Fri Dec 19, 2008 2:33 pm 
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captain cab wrote:


I think if you check through it JD you'll find they apply to the self employed.

regards

CC


I did years ago and from recollection it didn't extend to self employed cab drivers but that doesn't mean to say my recollection is right? If somebody decides to come up with the actual act that is being debated perhaps we can make some headway?

Regards

JD

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Copyright notice © The contents of this post are copyright of JD and are not to be reproduced outside of TDO without written permission.


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