MBW Posted November 1, 2013 Report Share Posted November 1, 2013 At work we often have to tow chippers along behind our vans, last week one of them snapped on the bar that goes from the van to the chipper this is the only point of contact between van and chipper as there is no brake away cable, on inspection the bar had been cracked for some time and had just broke off, it was impossible to see the crack as it was so small, now this chipper has had a sleeve put into the bar and welded by a lad from work, it has never been to a garage or to my knowledge had the welds checked for it to be roadworthy again, I was told to take this chipper today to which I refused as its illegal to weld two cars together so surely this is the same principle especially if it breaks again on a motorway or something someone could be killed..... My gaffer freaked when I refused and I have been told I will be on disciplinary on Monday I can't see how I have done anything wrong but what would some of you do would you take the chipper when the gaffer won't confirm if it has been checked and deemed roadworthy, and if it broke risk your license? Or am I being as boss put it being deliberately awkward Quote Link to comment Share on other sites More sharing options...
fuzzypigeon Posted November 1, 2013 Report Share Posted November 1, 2013 Unless the guy who welded it is coded I would've thought you were within your rights, I would've done the same as you and demanded breakaway cables to be fitted as it's the person driving who gets the points not the company Quote Link to comment Share on other sites More sharing options...
welsh1 Posted November 1, 2013 Report Share Posted November 1, 2013 If you believe something is not safe health and safety kicks in and you are totally within your rights to refuse to do something. However,if it has been fixed by a qualified welder it should be stronger than when it started out in life. I would of however raised a safety concern with the company in writing,i would have pointed out that a unit had failed when being towed and in this instance no harm had been caused,but as a safety point could brake away cables be fitted to help prevent injury should this happen again,and also had the manufacturer been informed of the failure of a towing arm on their equipment,as there may be a flaw in the manufacturing process. Quote Link to comment Share on other sites More sharing options...
TIGHTCHOKE Posted November 1, 2013 Report Share Posted November 1, 2013 Did you explain your reasons for refusing to tow the chipper? If you did then he is being unreasonable. Quote Link to comment Share on other sites More sharing options...
elgreco Posted November 1, 2013 Report Share Posted November 1, 2013 Some years ago now a schoolgirl walking down the West road in Newcastle was hit and killed by a trailer which had broke away from the van that was pulling it. It was an accident which would possibly have been avoided if safety checks had been done. Good on you for not being bullied by your boss into moving the chipper. We'll done Cheers Tom Quote Link to comment Share on other sites More sharing options...
Ratman2 Posted November 1, 2013 Report Share Posted November 1, 2013 If the chipper is braked and there's no break away cable, that alone is illegal and the driver is solely responsible. Doesn't sound like a good bloke to work for. Quote Link to comment Share on other sites More sharing options...
Sean Richo Posted November 1, 2013 Report Share Posted November 1, 2013 Write out a disclaimer and ask your boss to sign and date it to cover yourself if it has been welded correctly it should not be a problem. But if it looks unsafe or your not happy don't take it out just communicate with your boss and explain your worried about safety of other people just be reasonable and explain your reasons why just don't refuse outright am sure he is a reasonable person just be diplomatic sometimes it's how people communicate that causes the problem. Quote Link to comment Share on other sites More sharing options...
njc110381 Posted November 1, 2013 Report Share Posted November 1, 2013 I think most chippers come in at under 750kg, but mine still has a cable in case the the tow ball fails. It's you who stands to be in trouble if the weld fails, so unless this chap is qualified to do the welding work I think I'd do the same as you have. I can't see how your boss can argue? Quote Link to comment Share on other sites More sharing options...
MBW Posted November 1, 2013 Author Report Share Posted November 1, 2013 Did you explain your reasons for refusing to tow the chipper? If you did then he is being unreasonable. Yes I explained and gave the reasons I gave in the first post and he just freaked out, I think he knows himself he is wrong and is just trying to intimidate me into taking it out, thanks for posts so far guys I'm going to write a letter now for H&S department and for the gaffer I didn't think about that until read it in a few of the above replys Quote Link to comment Share on other sites More sharing options...
overandunder2012 Posted November 1, 2013 Report Share Posted November 1, 2013 (edited) your days are probably numbered now anyway as the boss seems a bit of a **** so **** it stick to your guns not much else you can do Edited November 1, 2013 by overandunder2012 Quote Link to comment Share on other sites More sharing options...
JDog Posted November 1, 2013 Report Share Posted November 1, 2013 Stick to your guns and don't drive the chipper anywhere. A disclaimer would be pointless. How would you feel if you had a disclaimer, drove the chipper and it came off and killed someone? Quote Link to comment Share on other sites More sharing options...
MBW Posted November 1, 2013 Author Report Share Posted November 1, 2013 Stick to your guns and don't drive the chipper anywhere. A disclaimer would be pointless. How would you feel if you had a disclaimer, drove the chipper and it came off and killed someone? This is pretty much where I am coming from, I don't want someone's death on my conscience just to line someone else's pocket Quote Link to comment Share on other sites More sharing options...
Sean Richo Posted November 1, 2013 Report Share Posted November 1, 2013 Better than if I never had a disclaimer! Quote Link to comment Share on other sites More sharing options...
elgreco Posted November 1, 2013 Report Share Posted November 1, 2013 (edited) I don't think it's a disclaimer you really want, it's a validation that the repair has been done professionally and certified to be correct and safe Cheers Tom Edited November 1, 2013 by elgreco Quote Link to comment Share on other sites More sharing options...
BRNDL Posted November 1, 2013 Report Share Posted November 1, 2013 Better than if I never had a disclaimer! +1 Quote Link to comment Share on other sites More sharing options...
HDAV Posted November 1, 2013 Report Share Posted November 1, 2013 Trailers are a a grey area as there is no MOT for them, but as suggested H&S will apply do you have a towing RA? what does it contain? Quote Link to comment Share on other sites More sharing options...
arnieboy Posted November 1, 2013 Report Share Posted November 1, 2013 what does a disclaimer prove ? nothing when the coppers are scrapping up the mess of the person the chipper hit they will blame you full stop no ifs no buts YOU tell him its not safe and await the disiplinary then explain it Quote Link to comment Share on other sites More sharing options...
vampire Posted November 1, 2013 Report Share Posted November 1, 2013 A breakaway cable only applies the brakes if trailor becomes detached from the towing vechicle,so that it comes to a standstill quicker. Your boss sounds like a #### and a poor manager of people. Quote Link to comment Share on other sites More sharing options...
foxy bingo Posted November 1, 2013 Report Share Posted November 1, 2013 is it the only chipper on the firm? tell him you will tow another chipper that has not been repaired but he can shove the repaired one some where dark Quote Link to comment Share on other sites More sharing options...
Sean Richo Posted November 1, 2013 Report Share Posted November 1, 2013 J dog don't be such a drama queen am not stupid enough to take a trailer out that could kill someone the difference is I would make a decision on my own and would not have to ask people if am right or wrong we are all grown men and capable of making our own decisions to much red tape and fuss pots out there now just get on with what you got to do and don't make a big song and dance about it. Stupid post anyway "am I in wrong" he obviously can't make a decision on anything if he has to ask that course he is not in wrong he shouldn't need to ask that if he can't even answer that how we he judge if repair is a good one or not common spence is not so common. If it's not safe or you have any doubt you don't take it do you it's simple. Quote Link to comment Share on other sites More sharing options...
JDog Posted November 1, 2013 Report Share Posted November 1, 2013 (edited) The OP was undecided and chose to widen his knowledge base by asking opinions from PW members. That is eminently sensible and I would rather deal with someone like that than some opinionated 'I know it all' type of person, a few of whom seem to get onto this forum. Edited November 1, 2013 by JDog Quote Link to comment Share on other sites More sharing options...
welsh1 Posted November 1, 2013 Report Share Posted November 1, 2013 J dog don't be such a drama queen am not stupid enough to take a trailer out that could kill someone the difference is I would make a decision on my own and would not have to ask people if am right or wrong we are all grown men and capable of making our own decisions to much red tape and fuss pots out there now just get on with what you got to do and don't make a big song and dance about it. Stupid post anyway "am I in wrong" he obviously can't make a decision on anything if he has to ask that course he is not in wrong he shouldn't need to ask that if he can't even answer that how we he judge if repair is a good one or not common spence is not so common. If it's not safe or you have any doubt you don't take it do you it's simple. I don't think J dog was being a "drama queen" just pointing out the obvious,if it does go wrong a disclaimer is of no use. And the op already made a decision,he refused to take something out he believed was not up to spec,the "am i wrong" is more of an expression and the op then asked for opinion. The only stupid post seems to be yours. Quote Link to comment Share on other sites More sharing options...
Sean Richo Posted November 1, 2013 Report Share Posted November 1, 2013 No but the fact you ask the boss to sign a disclaimer may make the boss think twice and look into the matter further as am sure he would not put his name on something that could potentially harm someone. Quote Link to comment Share on other sites More sharing options...
welsh1 Posted November 1, 2013 Report Share Posted November 1, 2013 Welsh1 read the post it has one of the after it ? This is commonly known as a question mark which normally means somebody is looking for a reply my posts are now as stupid as yours! The fact remains that he had made a decision not to take the unit out,and was looking for information,some of us gave that information,if you want to be pedantic about the way the op utilised his grammatical knowledge and punctuation,then lets look at your last post People on here all knew what the op was seeking,most gave advice to aid the op,you decided to lower the tone by having a dig at someone who gave a valid point. Quote Link to comment Share on other sites More sharing options...
HDAV Posted November 1, 2013 Report Share Posted November 1, 2013 (edited) Back on topic if the OP is still interested have a read https://www.google.co.uk/url?sa=t&rct=j&q=&esrc=s&source=web&cd=2&cad=rja&ved=0CDgQFjAB&url=https%3A%2F%2Fwww.gov.uk%2Fgovernment%2Fuploads%2Fsystem%2Fuploads%2Fattachment_data%2Ffile%2F222572%2FMaintaining_roadworthiness_PCV_1110.pdf&ei=_g10UsuXBY-rhAfkzICwBg&usg=AFQjCNFbDMHTUODTXe3ZBaC8odwdkNOMvQ&bvm=bv.55819444,d.ZG4 Section 3 is particularly interesting Edited November 1, 2013 by HDAV Quote Link to comment Share on other sites More sharing options...
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