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gregotyn
Joined: 24 Jun 2010 Posts: 2201 Location: Llanfyllin area
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Lorrainelovesplants
Joined: 13 Oct 2006 Posts: 6521 Location: Dordogne
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Mistress Rose
Joined: 21 Jul 2011 Posts: 15998
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Posted: Sat Jul 12, 14 7:04 pm Post subject: |
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As far as I understand it, we can use the flail head on our own land if it is not within danger distance of any land the public or anyone else can use if we use it as private individuals effectively at out own risk. As we know of the dangers, we would be expected to ensure nobody else was in the danger area or we could be guilty both morally and legally of negligence in case of an accident. If we use it as a company, even on our own land, we could be liable if any damage or injury is done and our public liability insurance might not be valid as HSE has decreed it is dangerous, and HSE would jump all over us. Having read about the accident, it seems the people involved were doing everything wrong, and the flail head was badly worn. Unfortunately HSE took the view that the brush cutter was not manufactured with the flail head as a standard part, therefore the flail head is 'banned'. I don't know what they did to the company involved in the accident, but if I had been the HSE officer, I would have thrown the book at them, as they were using unsafe working practise with even a strimmer head.
Edited once. |
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