| Answer to Question 1:
Hi
Paul,
As you can see Paul it
is not directly identified as a statutory requirement under the
Construction Regulations or any other statutory instruments. It would
however be seen as best industry practice to ensure that all vehicles
operating on a construction site are suitably identified and highlighted
in particular in poor weather or lkighting conditions.
2005 Act General Duties of Employer
Regulation 8.—(1) Every employer shall ensure, so far as is
reasonably practicable, the safety, health and welfare at work of his or
her employees. (a) managing and conducting work activities in such a way
as to ensure, so far as is reasonably practicable, the safety, health and
welfare at work of his or her employees; This
general duty of care would require the owner/operator of jeeps and pick
ups etc. on a construction site to ensure they are visible and not a
danger to others.
STATUTORY INSTRUMENTS. S.I. No. 504 of 2006 - Safety, Health and
Welfare at Work (Construction) Regulation 2006, Part 11 Transport,
Earthmoving and Materiuals Handling Machinery and Locomotives & Schedule 6
PART 11
Safe operation of vehicles. 87. (1) A contractor responsible for a
construction site shall ensure for that site that, if used for the
purposes of construction work, all transport vehicles, earth-moving
machinery, materials-handling machinery and locomotives, as set out in
Schedule 6,
(a) are of good design and construction taking into account as far as
possible ergonomic principles,
(b) are maintained in good working order,
(c) are properly used,
(d) are not operated otherwise than by a competent person who has attained
the age of 18 years, unless operation is by a person for the purpose of
his or her training under the close personal supervision of a competent
person, and
(e) in circumstances where the operator's visibility is restricted, have
auxiliary devices as listed in Schedule 6 installed to improve visibility,
unless a risk assessment shows that the auxiliary devices are not
required.
(2) On all construction sites on which transport vehicles, earth-moving or
materials-handling machinery or locomotives are used, the project
supervisor for the construction stage shall ensure that -
(a) safe and suitable access ways are provided for them, and
(b) traffic and pedestrian routes are so organised and controlled,
including, where appropriate, by the provision of a traffic and pedestrian
management plan, as to secure their safe operation.
Regulation 81. - Onus of Proof on Management !
In any proceedings for an offence under any of the relevant statutory
provisions consisting of a failure to comply with a duty or a requirement
to do something so far as is reasonable practicable, or to use the best
practicable means to do something, it shall be for the accused to prove
that it was not reasonable practicable to do more than was in fact done to
satisfy the duty or requirement, or that there was no better practicable
means than was in fact used to satisfy the duty ot requirement.
This would show that it would be difficult to defend
any accident on site caused as a result of poor marking on the vehicle
even though there is no specific statutory obligation to complete it but
because it is recognised as best practice..
Schedule 6 - List of Vehicles Requiring Auxiliary Devices and Visual
Aids.
Machine type - Off-road dump trucks (trailer to rear of driver),
payload greater than 7 Tonnes / Reversing and visual aids required -
Reversing alarm and flashing beacon with CCTV or convex mirrors or a
combination of both to allow vision from the driver’s seat of all points
more than 1 metre high and 1 metre from the machine at each side and at
rear of driver.
Machine type - Dumpers (front tip) no cab / Reversing and visual
aids required - Reversing alarm and flashing beacon.
Machine type - Dumpers (front tip) with cab Convex mirrors; /
Reversing and visual aids required - reversing alarm and flashing beacon.
Machine type - Wheel loaders (loading shovels), including skid
steer loaders. / Reversing and visual aids required - Reversing alarm and
flashing beacon with CCTV or convex mirrors or a combination of both to
allow vision from the driver’s seat of all points more than 1 metre high
and 1 metre from the machine at each side and at rear of driver.
Machine type - Backhoe loaders / Reversing and visual aids required
- Convex mirrors; reversing alarm and flashing beacon.
Machine type - All 3600 excavators / Reversing and visual aids
required - Movement alarm and flashing beacon with CCTV or convex mirrors
or a combination of both to allow vision from the driver’s seat (without
slewing) at all points more than 1 metre high and 1 metre from the
machine.
Machine type - Scrapers / Reversing and visual aids required -
Reversing alarm and flashing beacon with CCTV or convex mirrors or a
combination of both to allow vision from the driver’s seat of all points
more than 1 metre high and 1 metre from the machine at each side and at
rear of driver.
Machine type - All tracked type tractors (bulldozers) / Reversing
and visual aids required - Reversing alarm and flashing beacon with CCTV
or convex mirrors or a combination of both to allow vision at all points
more than 1 metre high and 1 metre from the machine at each side and at
rear of driver.
Machine type - Graders / Reversing and visual aids required - CCTV,
convex mirrors, reversing alarm and flashing beacon.
Machine type -Telescopic handlers / Reversing and visual aids
required - Reversing alarm and flashing beacon with CCTV or convex mirrors
or a combination of both to allow vision from the driver’s seat of all
points more than 1 metre high and 1 metre from the machine at each side
and at rear of driver.
Machine type - Compactors/rollers without cab and seat to rear /
Reversing and visual aids required - Reversing alarm and flashing beacon.
Machine type - Compactors/rollers with cab and seat to rear /
Reversing and visual aids required - Convex mirrors, reversing alarm and
flashing beacon.
Machine type - All compactors/rollers / Reversing and visual aids
required - Reversing alarm and flashing beacon with CCTV or convex
mirrors, or a combination of both, to allow vision at all points more than
1 metre high and 1 metre from the machine at each side and at rear of
driver.
Machine type - Road planer / Reversing and visual aids required -
Convex mirrors; reversing alarm and flashing beacon.
Machine type - Road pavers / Reversing and visual aids required -
Convex mirrors; reversing alarm and flashing beacon.
Regards,
Paul.
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