Builder working above eaves level; scaffolding and liabilty

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I have a problem with an unsupported chimney in my house and it needs to be removed above roof level. I have had a builder over to quote on the job and he suggested doing all the work with using ladders and crawling boards rather than scaffold, as access to the rear of the property is difficult and it would have to all be carried though the house.

I was informed today that it is against Health & Safety legislation to work above eaves level without scaffold. Is this correct?

If the builder were to fall and injure himself whilst conducting the work, am I liable to be sued?
 
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I was informed today that it is against Health & Safety legislation to work above eaves level without scaffold. Is this correct?
:eek:

no..........that would be impractical! though would be more sensible considering he will be removing a chimneyhead
:confused: .

If the builder were to fall and injure himself whilst conducting the work, am I liable to be sued?
:eek:

again no.........more like you suing him when a brick lands on your head. :cool:
 
A 'professional' in any line of business would be expected to know how to work safely and what H&S legislation applies to his job.

You are not expected to know H&S issues relating to how someone does their job.

It is not your job to supervise. If he injures himself by his own actions then you have no liability.

It is not against H&S law to work without a scaffold. What is required is adequate protection from falling - so a harness could be worn instead, for instance
 
This is what I like to hear!

It would make sense to put scaff up if there was any way of getting it onto the site without tramping it all through the (recently decorated) house and into the tiny walkway outside. The chap is has been good about the whole thing - he says it'll be a sod, but is do-able.

Thanks guys.
 
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There is an argument that there is legislation.

HSE issue gukdance

http://www.hse.gov.uk/press/2005/e05141.htm

H&SAWA requires the builer to ensure that he provides an environment that is "as safe as is reasonably practicable". If he does not, and HSE would take ignornace of their guides into account, and someone gets hurt he would be in trouble.

My concern would be what if he drops something, or gets the demolition wrong and half the chimney falls through the roof. . .
 
Hence the need for him to have appropriate insurances.
 

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