Ross,
Then explain this piece of legislation (not advice):
(a) ensure that work is not carried out at height where it is reasonably practicable to carry out the work safely and without risk to health otherwise than at height,
I said I'd phone up the H & S and I did. I wished I hadn't.
Eventually, after being given loads of different numbers to phone by the Health and Safety people over the last 2 days, I spoke to someone who just referred me to the information on the H & S website. He claimed to be a 'working at heights' expert but refused to get drawn as to whether it's ok to use a ladder when you have a wfp system in the van that could do the job more safely but then also refused to say you couldn't.
He kept repeating that each window cleaner must make a judgement based on the preferred method of work for the job being done taking into account the risk and reducing those risks to a minimum and if that means a pole system is best, then that is what should be used. I kept saying that means there is no choice and he kept saying there is.
I sort of ended up in a bit of an argument because to my mind, it's either you can chose to use a ladder or you can't. So I'm none the wiser.
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About legislation as opposed to the WAHL's.
One thing he did say though that it is best to never go by legislation as I'd need a barrister who specialises in health and safety legislation to get a valid interpretation. The only time legislation is used in a court of law is when during a court case, someone for the defence or prosecution wants to set a precedence. Legislation is what gets passed by the government.
Anyway, the bloke then dismissed anything to do with legislation and said that health and safety rules and laws is what he deals with and not legislation.