Urgent Health & Saftey Advice Needed

spikeacus

Thank you MankySteve

ccygirl

As the client you have a duty of care to ensure that your work is carried out in a safe manner. The builder has a legal obligation to carry out a risk assessment which should identify any significant hazards which he forsees arising as part of the work. The risk assessment should then identifiy the measures to be implemented to mitigate those hazards. The work at height regulations place an obligation on the builder to ensure that he implements adequate control measures to prevent his people from falling where there is a risk of significant injury and also implement controls to stop falling objects injuring others. From what you've described the most obvious solution would be for the builder to install a wide scaffold that will protect the conservatory from damage and more importantly prevent any of the people carrying out the work getting injured. Generally the scaffold would be boarded out, the boards should then be covered with a polythene sheet and then covered with a lightweight ply or hardboard this should then prevent debris falling through and provide a good working platform. it will add to the cost but it may be less than dismantling and rebuilding the conservatory

spikeacus

Thank you ccygirl much appreciated

I am worried that the loss adjuster is starting to try and cut corners due to the amount of work that has already been undertaken in the last 7 months due to the initial water damage, and that was the advice that I was looking to get. Thank you

iamcornholio

ccygirl wrote: »

As the client you have a duty of care to ensure that your work is carried out in a safe manner.

How would that work for a domestic client who has not got a clue about H&S issues?

A householder is not responsible for H&S practices of a contractor, and owes no such duty. A householder is not expected to know all about H&S issues or legislation, and so owes no duty. What is expected is that the contractor is competent, and knows about H&S and it is the contractor who owes a duty to the householder and the employees

To answer the OPs question, well, the only concern to the OP is if/when the conservatory is damaged. Might-dos and could-be's are not really relevent. If the contractor causes damage then that is the time for redress.

Removing a conservatory to do work above it is way OTT, and not necessary. It can be covered.

If the neighbour has refused access, and the contractor can't work safely, and this is an insurance job, then the insurers should cover the cost of applying to the Court for access to the neighbouring property using The Access to Neighbouring Land Act 1992. Then the neighbours have no choice to deny access, and so the work can be done safely.

1984ReturnsForReal_2

If the contractor doesn't dismantle the conservatory he should scaffold over the conservatory with aluminium beams & double plyboard over the conservatory & put 2 dust sheets over it & secure with tape.

Not cheap but the only way to do it safely & that is on the basis of the being able to put beams over.

& if it means your neighbours having a couple of poles placed within their garden which would take up very little room & if done properly will cause no damage at all then they should allow it & really you should be a little firmer with them.

spikeacus

The neighbours are refusing access to their garden at the moment as I type this they are having new decking laid and their garden landscaped thats why they have said No

Gloomendoom

spikeacus wrote: »

Personally I think the whole of the conservatory should be removed to controvene with Health & Saftey Laws - am I correct?

No. I think you think the conservatory should be removed to comply with health & safety laws.

Contravene means the opposite.

Owain_Moneysaver

spikeacus wrote: »

The neighbours are refusing access to their garden at the moment as I type this they are having new decking laid and their garden landscaped thats why they have said No

The only point where scaff would touch their garden is the footprints of the poles. They can have a 'pavement lift' which will allow them to walk underneath it, with workmen above. Plants, decking, etc can be covered with sheeting. The whole scaff can be sheeted to prevent debris flying around. This is routine when doing things like sandblasting buildings adjoining roads.

Kiran

Which health and safety laws exactly do you think will be contravened?

Although as stated above the contractors must conduct a risk assesment, only if the firm employs 5 or more people do they actually have to put anything in writing. I imagine that if the insurance has subbed out the work, it will likely be a small firm. I very much doubt if this will be available for scrutinisation.

With regards the comment about the "client, in this case the home owner, having a duty of care to ensure they work is carried out in a safe manner", I assume you are talking about CDM regs? These don't apply to a domestic build.

To the OP, when dealing with domestic work such as yours, it appears that health and safety is not your primary concern, more so that you are trying to mitigate damage to you property.

In your situation I would say the following would be the best approach, for the duration of the work keep the access from the house to the conservatory locked/closed. Once the work is complete, unlock the door and go back to enjoying your conservatory

However, if you are concerned aout damage to your conservatory then take photos before any work is undertaken. For the duration of the work keep the access from the house to the conservatory locked/closed. Once the work is complete, unlock the door and go back to enjoying your conservatory.

If anything does hapen you have photographic evidence of how it was beforehand and your contractors insurance will have to deal with any repairs required.

As for what scaffold should be used, a 5 board netted scaffold will catch anything big enough to do any damage. Anything that can get through will more than likely just roll off the glass. You say the conservatory is 10 years old?

Hope the above was useful

1984ReturnsForReal_2

Kiran wrote: »

Anything that can get through will more than likely just roll off the glass. You say the conservatory is 10 years old?

Hope the above was useful

The glass should be boarded .