Erected own scaffold - HSE complaint received

[frank999]

I erected my own scaffolding, read some books - followed 'Independant Tied Scaffold' plans to the letter - all is fine, been working off it for few weeks, been through gales, loading with heavy steel beams.

Someone (I think my neighbour who I dont get on with) has complained, or maybe someone from the council.

I have received a letter from HSE complaints department, stating they have recieved a 'concern' regarding the scaffold currently around the property, specifically the scaffolds suitability and suitability, with 'loose fittings' and that it 'wobbles' (which it does not). The Complaints officer wants me to forward any qualifications and details of any experience I have in erecting scaffolds. He also wants to know some details about the project and who the contractors onsite are (there are no contractors, and I have no certs).

The scaffold is on private land, and once I have removed a large loading bay that goes over the garden path (and up to the pavement, almost) it will be well away from the from the public highway (6-7 metres).

They are expecting a reply within 14 days.

Can they take action if I cannot prove that I have taken a course in scaffold construction or have qualifications, ie make me take it down.

Thanks

 

[rjm2k]

I'm no expert, Googling suggests they have power under The Work at Height Regulations 2005

http://www.legislation.gov.uk/uksi/2005/735/regulation/3/made

BUT only on employers, since you are not employing anyone to do work using the scaffold I can't see how that applies to you. The same rules probably apply to using a ladder, yet you don't need to be qualified to use one at home for your own work.

Did you hire the scaffold? If so, what does the company have to say about this?

 

[Diyisfun]

There may be concerns over public safety.
How long is your project?
If you can just respond slowly, get the job done.

 

[rjm2k]

See link below

http://www.staffordbc.gov.uk/health-and-safety---faqs

Basically states that health and safety legislation doesn't apply to DIYers.

However, you could be liable if anyone was injured (postman, visitor, passer by) etc but not sure what legislation they could use to prevent you from carrying on.

EDIT: looking at your past posts, if this is at your rented property then there may be other issues like the safety of your tennents

 

[freddiemercurystwin]

I believe anything lower than 4m can be done by anyone. Anything above 4m can only lawfully be done by a ticket/qualified scaffolder be it used by a private individual or trade. But I could be completely wrong!

 

[frank999]

Thanks for your replies.

This is such a pain, I own the scaffold, I have a mortgage on my semi, there is 'Site Insurance' covering me for public liability with me erecting my own scaffold, I am not employing anyone.

I guess my scaffold would have sat there and no one would have been any the wiser - but I think my neighbour complained (we fell out over noise issues (his stereo). It looks like regular scaffold.

When the loading platform is taken down (which goes out almost to the pavement - at a height of 5.5 metres) it will be 6/7 metres back from the public highway.

They have asked for a reply within two weeks.

Will they have the power to make me take it down, its not a planning issue as its temporary (3-6 months max) - and its on private land.

 

[dann09]

H&S issues can be dragged out for ages - by either side. But all the while the consequences and sod's law are lurking with "bad possibilities".

I presume that BCO has been involved in your project and/or soon will be, given a scaff visible from a public rd. BCO's sometimes take an interest in scaff's, or they could be "invited" by your neighbour or the H&S to give a view.

Has your insurer been informed of the state of play? AFAIK, all insurance works like car ins. they must be informed of any change in circumstances immediately.

What do you mean by "it looks like a regular scaffold"? Is it or isn't it?

 

[freddiemercurystwin]

What do you mean by "it looks like a regular scaffold"? Is it or isn't it?

He means its obviously not ticketed, that said we only have the OP's word for it it is safe and fit for purpose. But this is a moot point anyway.

 

[TonyW2]

Why risk antagonising the HSE, and their "friends!"
If you are the only person working on the project--and have no control over any other person (paid or otherwise) using it, ask the HSE whether their interest is purely advisory, and welcome their advice--- or if otherwise, under what regulation they are acting.

I would guess that your scaffold looks like a working situation, rather than just your own DIY activity. But could it be posing a risk to the public or your own safety, as you will be very likely be voiding any insurances should a claim arise.

 

[jeds]

You can do what you like on your own property for your own use. Although you are responsible for the safety of visitors (and intruders) and you cannot do anything that causes a public nuisance. The only other issue is if the scaffold stayed up for longer than 28 days when you might need planning permission.

 

[^woody^]

The HSE's remit is confined to the workplace, and operations done as part of a business, not DIY.

However if you are employing others to work on the scaffold, then they could get involved.

To erect any scaffold as part of a business, you should have done accredited training or had instruction from a competent (ie trained) person.

 

[frank999]

Thanks for all your replies, I feel slightly relieved.

I went the private BCO route, and he seemed quite happy, but yes I could see why they would be interested - as they have to use it.

Its a DIY job, so HSE Working at Height wont apply, but I have erected a structure near to a pavement - albeit back quite a few meters from it, its been up 28 days already - and maybe up for a few months longer - as its a DIY job.

So this is not a Safety at work issue but something else, is it HSE's remit to be concerned about a temporary structure within a certain distance from a public pavement, if it is not involved in a workplace ?

 

[SimonH2]

HSE won't know that it's DIY.
Write back to them and point out that it's DIY and hence not covered by Health & Safety At Work Acts etc. Also respond to specific items mentioned - if there are no loose fittings and it doesn't wobble then say so.

You could ask if they have any specific concerns. In general, if someone sounds like they are interested in doing stuff right then they get treated better than people who give the impression that they don't care and won't take any advice.

I'm not sure of the next bit. But if you think it's a neighbour who "has it in for you", then you might add something along the lines of "... if the complaint came from <details> then be aware that this person and I have long standing issues and the complaint may have been made for malicious reasons".

 

[frank999]

Well made points SimonH2, especially the bit about the neighbour, I was wondering how to broach that issue - thanks.

Once I've dealt with the HSE, and they hopefully accept what I tell them - do they have a duty to write to my neighbour to inform him what the state of play is ?
I'm sure he didn't complain to the HSE directly - could the local authority have pointed him in that direction ? and if so does that mean the local authority Building Control are not interested ? (I am using a private BC company for inspections).

 

[SimonH2]

AFAIK LABC have no interest - they are only interested in ensuring adherence to building regs. I'd be very surprised if they have any powers to intervene - other than perhaps making a report to HSE if an inspector witnesses something dangerous going on. But then that can be (and arguably should be) done by anyone, not just an LABC inspector.