Erected own scaffold - HSE complaint received

[frank999]

Thats good to know regarding BC.
Although on private land, the scaffold is built up to the divide between mine and my neighbours semi detached properties, being devils advocate - if it feel over onto his property - is that HSE's remit still ? ie its on private not public land.

 

[hotrod]

LABC can tell you to stop work if they deem you to be working dangerously.

 

[SimonH2]

But do they actually have any authority to force you to stop, or is it just like you or me pointing out that something is dangerous ?

 

[hotrod]

"Excuse me Mr BCO, but I would like you to quote me the SI under which I have to follow your instructions..............."

I've never tried it, but I would have thought they would just quote "The Building Act 1984" at you.

 

[SimonH2]

I've never tried it, but I would have thought they would just quote "The Building Act 1984" at you.

To which the reply is "Which part ?"

There then follows a bit of blustering and dithering ... because it's not actually mentioned in there. The Act allows for the secretary of state to make "building regs", but there's nothing in those that applies.

 

[hotrod]

Please tell me you're not being serious? Do you / have you ever *actually* work(ed) in the construction industry?

If the BCO comes on site and tells you to stop work, you STOP work.

 

[^woody^]

If the BCO comes on site and tells you to stop work, you STOP work.

AFAIK, a BCO has no remit to stop work, or enforce safety.

The Building Act, does provide certain other enforcement options for the likes of EHO's though, but not for BCO's in their role of checking compliance with the Building Regulations

 

[hotrod]

The Building Act, does provide certain other enforcement options for the likes of EHO's though, but not for BCO's in their role of checking compliance with the Building Regulations

I wasn't implying they would tell you to stop work for a non-compliance. I was talking about a dangerous structure. Anyway, the OP's not been back so I'm out

 

[SimonH2]

Please tell me you're not being serious? Do you / have you ever *actually* work(ed) in the construction industry?

This isn't the construction industry - this is DIY.

If the BCO comes on site and tells you to stop work, you STOP work.

In this case, if the OP wants to, he can tell them where to go. There is nothing in the act that gives the BCO the right to stop work. And nothing in the BR that applies.
If they insist, then complain to the council - I'm sure upheld complaints about council officials over extending their remit go down well.

Even in commercial work, if the reason the BCO gives in't directly a BR issue, then that should not automatically stop work. If they are pointing out something dangerous they've noticed, then yes, the manager or foreman should stop any work around the dangerous situation until it's stopped - but that is just good risk management and nothing whatsoever to do with BCO powers.

Of course, whether you want to remain on good terms with the BCO is a different matter.

 

[frank999]

Thank you all, going to send the HSE pics of the scaffold tonight, and invite them to come up and inspect.

As discussed, there is nothing unusual about the scaffold, just regular Independent tied scaffold. Only issue is it will be up for 2/3 months, longer than the 28 days allowed.

Let you know what they say as and when.

 

[noseall]

LABC can tell you to stop work if they deem you to be working dangerously.

Load of cobblers.

 

[frank999]

I have received an email from the HSE, the stress that caused me, but I can crack on now with a clear head now:

As you are doing the work yourself, then the Health and Safety at Work Act and related regulations do not apply. This ends our interest in this project, however if you do engage contractors on the project then the appropriate regulations will apply.