Health & Safety gone MAD!!

[alfablue]

well said jay!

 

[Rhythm Thief]

I assumed RT meant, "If the old lady wants to do it, it's her risk, and why should anyone stick their nose in".

If the council were asking her to do the gardening, I can see they might have some responsibility for her safety, but she's presumably doing it entirely of her own free will, and taking her own risk crossing the road.

Absolutely. What's it got to do with the council if the old dear's taken it upon herself to potter about their flowerbeds?

 

[Tim Bennet.]

Health and Safety legislation has no bearing on this situation. She is not at work. The council could only be concerned because of their duty of care to 'other road users'. The HSE has been very forthright recently to refute that everything is their fault. If it's not at work - its not them.

However we do have a problem with insurance companies paying out on third party claims against councils without contesting the issue because they don't want legal precedent established. It's then the insurance industry which is advising councils what they can and can not allow in order to reduce these payments. These claims have become so common that it is time to make a stand. Councils (collectively) need to say 'if you think we are negligent in our duty of care, take us to court and let a court decide'. If the law then allows what 'the people' decide are ridiculous claims, our representatives can change the law. But that has to be better than the present situation being dictated by insurance companies, scared inadequate public employees and predatory claims companies.

But this is a British problem. We need to stop blaming Europe or the US for this disease. It is Britain that 'gold plates' any European legislation, such as trying to make the 'Working at Height Directive' cover teaching mountaineering, and anyone who has seen 'American Chopper' on TV will know that their cavalier attitude to building motorbikes with uncovered drive chains and 'spiky' handlebars couldn't possibly exist in our namby pamby world.

It's our problem. We need to sort it out.

 

[asterix]

She'd be fine if she wore one of the new 'gardening on roundabouts' helmets..

 

[Cycling Naturalist]

A lot of very silly claims are settled simply because senior people in local government don't want to go to court and by cross examined.

"Mr. Prendergast, it's true is it not, that you failed to stop this lady from tending the flowerbed because you were preoccupied with your adulterous affair with your secretary?"

 

[Elmer Fudd]

But think about it a little more. This women is tending a bed on a roundabout. Is it a big roundabout or a smaller roundabout? How is she getting to the roundabout - after all, most roundabout aren't designed for pedestrians?

From what I saw on telly the other night, it was only a quick glimpse so I may be wrong, it isn't actually a roundabout, its a traffic island ( you know, the triangular shaped things ) leading to either a roundabout or 'T' junction with a small footpath on all 3 sides, it's dead opposite her house and while I was "listening to the report I only heard 1 vehicle go past.

 

[alfablue]

Health and Safety legislation has no bearing on this situation. She is not at work. The council could only be concerned because of their duty of care to 'other road users'. The HSE has been very forthright recently to refute that everything is their fault. If it's not at work - its not them.
.

The H&SWA imposes a duty on employers to safeguard both employees and the public, I guess it depends on whether the roads can be deemed to be a workplace within the remit of the local authority - I suspect it is.

 

[Mr Celine]

However we do have a problem with insurance companies paying out on third party claims against councils without contesting the issue because they don't want legal precedent established.

Do councils have insurance? I thought they carried sufficient reserves to meet any liabilities.

 

[Cycling Naturalist]

However we do have a problem with insurance companies paying out on third party claims against councils without contesting the issue because they don't want legal precedent established.

Do councils have insurance? I thought they carried sufficient reserves to meet any liabilities.[/QUOTE]

Some very large councils are self insuring, but most carry insurance.