Myself and a work colleague are in need of some informal advice concerning plant licensing requirements and after some research i've pretty much drawn a blank, so I was wondering if anyone had any idea or could point me in the right direction so to speak concerning the following.
Background- My Boss and I were using a self-loading JCB Dumpster to move Hardcore to construct some paths on a site operated by the Charity we work for, over the last two days. This morning I was operating the Dumpster (having done so on 2 previous occasions) and I was stopped by someone more senior than my boss and asked if I had a licence to us it and who gave me permission to use it.
The answer was 'no' and my boss was duly told I couldn't use it.
Now my boss understands that to operate a Dumpster or similar tracked power-barrow a specific license isn't required, and we've tried to ascertain if he or I can operate it with without holding a CPCS card for forward tipping dumpers?
My boss got a polite bollocking about me using the Dumpster, even though unbeknown to Mr Big Cheese my boss hasn't got a license either and the department in the organisation he borrowed the equipment from never asked about licences when he borrowed the Dumpster and we know that persons employed by the department operate the Dumpster without training/cards on sites but nothing has been said or discovered yet.
Sorry to waffle on, but can he or I legally operate a Dumpster without holding a specific licencse or card in a commercial non-DIY situation?
Any help or advice you would be greatly appreciated
IBH
I'm In Need Of Some Advice
Re: I'm In Need Of Some Advice
i was always led to believe that if you are competent and have been trained to use it and covered by insurance a letter from someone to say so will surfice because i have been on hire to firms that would not reconise the very nice cpcs cards and have worked ok
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Re: I'm In Need Of Some Advice
Bring back the good old days when you could just jump on anything I say !!
Nick
Nick
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Re: I'm In Need Of Some Advice
You do not require a CPCS ticket to operate any machine...legally. The law states that the person should be adequately competent in the safe use and operation of the machine. The CPCS ticket is only a method of proving that. If you have 10 years of experience without incident but no ticket a problem will only arise if you cause an accident. Then the blame culture starts and the question will be asked "was the operator trained in the safe use of the equipment?" if Yes then there must be another reason for the accident, if No then it is your fault + your boss + his boss for letting you play with the dumper without adequate training. It's a catch 22 scenario....how do you prove in a court that you were OK to operate the dumper?. How does your boss prove that his decision was correct to allow you to operate? It is much easier to say no do not use it than letting the person continue. Many times common sense should prevail but not in today's climate of red tape and H&S......not forgetting the biggest financial scam in the construction industry = CITB/CPCS qango.
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Re: I'm In Need Of Some Advice
Tracshovel wrote:You do not require a CPCS ticket to operate any machine...legally. The law states that the person should be adequately competent in the safe use and operation of the machine. The CPCS ticket is only a method of proving that. If you have 10 years of experience without incident but no ticket a problem will only arise if you cause an accident. Then the blame culture starts and the question will be asked "was the operator trained in the safe use of the equipment?" if Yes then there must be another reason for the accident, if No then it is your fault + your boss + his boss for letting you play with the dumper without adequate training. It's a catch 22 scenario....how do you prove in a court that you were OK to operate the dumper?. How does your boss prove that his decision was correct to allow you to operate? It is much easier to say no do not use it than letting the person continue. Many times common sense should prevail but not in today's climate of red tape and H&S......not forgetting the biggest financial scam in the construction industry = CITB/CPCS qango.
Very good Summary Tracshovel
Nick
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Re: I'm In Need Of Some Advice
I agree with Nick, there is far too much control on what you can and can't do when operating machines.My firm organised a forklift course.Some of the staff that were deemed "competant" to operate the forklift after completing the course, were crap at operating one safely.One even knocked down a wall with it just a few weeks later.
Also companies hire out mini excavators to people that have never drivern one before. When I worked for a plant hire firm I ended up operating one for customers after I had finnished work as they were spending hundreds of pounds to hire one and then making a right mess of using one.
Martyn
Also companies hire out mini excavators to people that have never drivern one before. When I worked for a plant hire firm I ended up operating one for customers after I had finnished work as they were spending hundreds of pounds to hire one and then making a right mess of using one.
Martyn
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Re: I'm In Need Of Some Advice
IBH,
Please keep us informed on how this situation develops? I for one would be very interested to find out how it pans out.
Nick
Please keep us informed on how this situation develops? I for one would be very interested to find out how it pans out.
Nick
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Re: I'm In Need Of Some Advice
My understanding is as a charity and therefore voluntary you do not require a certificate for anything so tell Mr. Big Cheese to swallow another book on reason and common sense.
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