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Rigsby

TPF Special Forces
I left a lab of mine hacking off this week on his tod and a HSE agent or bounty hunter more like pinched him for not wearing a mask or ear muffs. Don't get me wrong, I have all the ppe he needs in my truck but this lab will not wear ear muffs or masks.

So she stops him working, introduces herself and tells him to stop work immediately and slaps a prohibition notice on him. As he is an employee it is me thats going to get the fine. £130 an hour for the time it takes to do the ticking off and serve me the notice. The lab explained that I have all the ppe but he chooses not to wear them and it is him that should get the fine but no it is me that is going to get it.

He is going to pay me the money.

But I have been looking at the fee for intervention leaflet. It says under exclusions that 'Self employed people who don't put people at risk by their work". Does this mean then that if he was self employed then I would not have been pinched and he would have got off with it as he can't sue himself for lung damage?

So he could have said he was self employed? then maybe got away with it?

She also said that if there was a mask and ear muffs on the job and I had pointed this out then it would have been him that would have got the fine not me. So now I have a tupperware box on the scaffold with 3 paper masks, 6 ear plugs and 3 pairs of goggles, 3 pairs of latex gloves. They can have access to the usual supply of ppe but this box is for if I get another visit.

Anyone else been pinched and are the self employed more immune?
 

johniosaif

Private Member
I left a lab of mine hacking off this week on his tod and a HSE agent or bounty hunter more like pinched him for not wearing a mask or ear muffs. Don't get me wrong, I have all the ppe he needs in my truck but this lab will not wear ear muffs or masks.

So she stops him working, introduces herself and tells him to stop work immediately and slaps a prohibition notice on him. As he is an employee it is me thats going to get the fine. £130 an hour for the time it takes to do the ticking off and serve me the notice. The lab explained that I have all the ppe but he chooses not to wear them and it is him that should get the fine but no it is me that is going to get it.

He is going to pay me the money.

But I have been looking at the fee for intervention leaflet. It says under exclusions that 'Self employed people who don't put people at risk by their work". Does this mean then that if he was self employed then I would not have been pinched and he would have got off with it as he can't sue himself for lung damage?

So he could have said he was self employed? then maybe got away with it?

She also said that if there was a mask and ear muffs on the job and I had pointed this out then it would have been him that would have got the fine not me. So now I have a tupperware box on the scaffold with 3 paper masks, 6 ear plugs and 3 pairs of goggles, 3 pairs of latex gloves. They can have access to the usual supply of ppe but this box is for if I get another visit.

Anyone else been pinched and are the self employed more immune?
No one is immune,they are revenue raising now ,it's how they pay for themselves, even if nothing is wrong they can still charge for doing a report, fines for not having kettle,hot water,toilet,microwave,fridge...
 

jdplast

Active Member
wow, i guess i got lucky then i had a similar thing happen to me earlier this year, they caught two of my guys not wearing boots, vests or hard hats while hacking off, never mind masks or ear defenders, but just gave them a warning. I told my H&S adviser and he made me get everyone who works for me to sign the H&S policy and i always just chuck some masks on the scaffold.

You can't make people wear PPE when you're not there you just have to cover your arse best you can, get them to sign the H&S policy.
 

Rigsby

TPF Special Forces
Private job on a little known back street. She did say if I had left him the ear plugs and mask it would have been him that got the fine.

But it is the self employed exclusion that interests me?

Also if you have facial hair you need a tight fitting mask conforming to pp3. The cheap paper ones without the metal strip over the nose will not do.

He had a pp2 mask, two elastic bands, metal nose strip but no vent and that was ok but he had a shave the day before which is lucky as he has one a week. Now he says he is going to shave when needing a mask. Daft chuff! He mixes for us every day so needs a mask for that as well.

Sorted him out though, now he wants to go all the way.
 

jdplast

Active Member
Private job on a little known back street. She did say if I had left him the ear plugs and mask it would have been him that got the fine.

But it is the self employed exclusion that interests me?

Also if you have facial hair you need a tight fitting mask conforming to pp3. The cheap paper ones without the metal strip over the nose will not do.

He had a pp2 mask, two elastic bands, metal nose strip but no vent and that was ok but he had a shave the day before which is lucky as he has one a week. Now he says he is going to shave when needing a mask. Daft chuff! He mixes for us every day so needs a mask for that as well.

Sorted him out though, now he wants to go all the way.

they have to be face fit tested now for site work, which is a load of bollox i overheard a funny conversation with one of my lads and a health and safety officer a few months back, my labourer had no idea what a face fit test was and was getting irate with the the hse guy who kept asking him the same question, went something like this....

hse: can i see your mask please
lab: yea its here (hands it over)
hse: is this face fit tested
lab:yea yea it fits my face pal
Hse:yes but is it face fit tested
Lab: i've just had it on its fits beltin
Hse: no, but has it been face fit tested
Lab: yea i tested it before to make sure its fits here i'll show you (snatches it back out hse guys hand and puts it on) see it fits (gives it back)
Hse:yes but they have to be face fit tested, have you been face fit tested?
lab: are you thick or summat you pal, i've just tested it right in front of you it fits my face perfectly, whats wrong with you?
Hse: you don't understand, i'm asking you have you been face fit tested?
Lab: (looks up at me on the scaffold in disbelief at the "stupidity" of the hse guy, something i've been willing him to do for ages, i nod exaggeratedly at which point the penny drops, he turns to the hse guy and says) oh a face fit test, oh yea i've had one of them pal yea yea

To be fair to the hse guy, he was being ok, he could have made an issue out of it as it was obvious he hadn't been face fit tested but i think he was willing the lab just as much as me to just give him the answer he wanted but it was a funny exchange.
 

jdplast

Active Member
So what do you do to do a face fit?

you can buy the kits online, or you pay someone to come in if you're flush.....

but basically they put a mask on you, it has to have the metal top and bottom and the filter, then to test that it is working they put a big hood over your head and spray something that tastes **** into it and see if you can taste it they have to put so much in before you taste it to make sure its filtering the right volume etc

basically i think if you taste it too soon you fail and they adjust the mask......

see i don't fully understand it and ive had two done !! but thats the gist of it.
 

malc

TPF Special Forces
i was told that if there where 6 people working on one project then has rules apply. one person should not be working on his own.
only a court of law can issue a fine in this country. i guess they gave you a penalty notice .
 
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