Load security under the Spotlight in the Republic of Ireland.

It is clear from recent reports by the RSA that load security is a continuing problem, and, unfortunately many of these incidents result in serious injury or, on occasions, fatalities. Currently each such event is likely to be the subject of an investigation by officers of the Health and Safety Executive (HSE) and an employer might find that he is facing not only a general criminal prosecution but also a prosecution under the health & safety legislation; a situation which could result in substantial penalties if not imprisonment.

The traditional assumption in the transport industry is that a driver will have acquired sufficient knowledge about the ways to secure a load in the course of his work as a driver. In general terms this might be a fair assumption, but the fact remains that loads are lost because they were not properly secured an error which, on the face of it, would seem to be ‘driver error’.

The Safety, Health at Work Act however has dramatically changed the chain of responsibility with the result that, in the case of an insecure load for instance, it is the employer who will have to show that the driver had all the necessary equipment and training to enable the accident to be avoided.

The employer will have to be able to show that such equipment as ropes, straps, tensioners, chains and Stilsons, are routinely checked at appropriate intervals. The rope that is commonly used in the industry is 10mm split-film polypropylene rope. This rope will resist water, oil, and dirt with the result that it may be useable even if it looks to be in a desperate state. It does, however, deteriorate, and, of course, it has a maximum safe loading. A driver must be sufficiently aware of the strengths and weaknesses of the rope
that he is given to use to secure a load so that he can reject a rope that might appear to be unsafe.

Nylon straps, which are normally used with a tensioner, should have the maximum safe load displayed on them. A driver must know what the maximum safe loading is and an employer must ensure that that information is available. Straps can be very susceptible to cutting and it is important to ensure that they are not being passed over a sharp edge. An employer must be able to show that drivers are aware of this and, where necessary, that they are provided with edge protectors.

Tensioners, of course, rely on ratchets and, once they get worn they can slip and release the tension. Many load losses are the result of a loss of tension in the securing ropes or straps. Drivers must be encouraged to look for signs of wear, and, perhaps more importantly, not to use defective straps. Chains are only suitable for certain types of load, as, when tension is applied they can easily cause damage. Chains should always have a safe load rating and drivers must know where to look for this information. ‘Stilsons’ will slowly wear in use and they should not be used if there is any indication that a ratchet may not hold.

It is also important to remember that loads inside ‘curtainsiders’ may not be secure. In the first instance the operator should ascertain what weight the curtain will withstand in the event that the load is thrown against the side. Light cartons may present no problem, but heavier items will normally need to be secured to the vehicle.

It may well be difficult to persuade an experienced driver that he has anything to learn about load security but, as with many health and safety issues, it is the employer who will have to explain how the insecure load could have occurred and it will never be sufficient for the employer to say that he relied on the skill of the driver unless he can show that he had reason to be satisfied that the skill was sufficient.

Yet again, therefore, it is a question of training. Training of this sort need not take any great length of time but the trainer must be competent, that is to say sufficiently experienced, and above all else there must be a written record of the fact that training was given. There should also be purchase records for the ropes, straps and chains and there should be a system of routine checks, these checks being recorded.

To discuss load security in more detail, contact the Transport Team at Dyne Solicitors on 01829 773 100.

Dyne Solicitors Limited - 01829 773100, info@dynesolicitors.co.uk © Dyne Solicitors 2011. While we make every effort to ensure the information contained in these RSS feeds is correct at the time of writing, Dyne Solicitors Limited cannot accept any liability for any proceeding, loss, claim, damage or expense (whether direct or indirect) arising in connection with these RSS feeds.This RSS feed is provided for general information only and applies to England and Wales only. It is not intended to constitute legal advice and should not be used as a substitute for legal advice.