So, you're the man to ask............clarify in terms and words understandable to mere mortals how window cleaners stand regarding working and using ladders; most specifically the legality of it and who is liable supposing there is an accident involving an individual who has fallen from a ladder whilst working off it specifically to clean windows.
Matt
My first 8 hours of it today
its a bit more involved than I originally imagined!
I mentioned this question and here was the answer -
In Brief:
It DependsIn full:
if it was an employee who fell while working for youYou (the boss) could be prosecuted if it could be shown that you had failed to
1. Plan
2. Organise
3. Control
4. Monitor
5. Review (at regular intervals) the task.
If you failed to provide adequate and suitable training for the task.
If you failed to assess the risk (or did not assess the risk correctly)
If you failed to provide adequate supervision for the task.
You may have provided suitable training but is it recorded and documented? The courts will want to see proof that you have an effective Health and Safety policy. If you cannot show this, then you could be found guilty even though you were not at fault.
For anybody with more than 5 employees this is mandatory....but the regulations do not actually state a 'number' of employees so it is considered best practice to have a robust H&S policy in place. Having less than 5 employees will not release you from the burden of proof in a court of law.
The burden of proof is on
YOU as an employer
NOT on the HSE......so effectively, you're guilty until you can prove your innocence!!
Are ladders illegal:
NOBut did you consider other practicable alternatives before their use?
If the answer is yes...but you decided against WFP or a cherry picker, then this could indeed leave you open to a claim because you did not use the "safer system of work" available.
If the answer is no....then your Method Statement and Risk Assessment could be deemed to be lacking because you were unaware of safer methods of work...and again, its your fault.
From what I can gather, its a great big 'finger pointing' exercise. The government dont want to take responsibility, the employer doesnt want to take responsibility, the employee doesnt want to take responsibility.
...all you can do is cover yourself by having everything documented, written down and signed so that should it ever come to court you can cover your own backside with lots of signatures on bits of paper!
A very very complicated (and half baked!) set of laws, rules, regulations if you ask me.