I've been helping out with maize harvesting over the last few days, was driving the smallest tractor and trailer combination on the fleet, all loads are weighed and I was grossing out at about 25 tonnes some of the bigger combinations were well in excess of 35 tonne when I asked the drivers why they are prepared to risk their licence and possibly their liberty if things go badly wrong they just shrug their shoulders as if they don't have much choice in the matter if they want to keep their jobs. Is it right that so many farmers and contractors buy this big kit and then expect someone else to drive it on the road while they sit in the chopper in the field safe in the knowledge that if things go wrong they will most likely escape most of the blame.
overloading
- Thread starter Daddy Pig
- Start date
- Location
- East Sussex
Not so sure they would escape the blame.
Netherfield
Member
- Location
- West Yorkshire
If they own the tractors and trailers then they've just as much to loose, if not more.
spin cycle
Member
- Location
- north norfolk
employer should be responsible TBH....he supplies the kit after all......often wonder how kit gets made/sold thats most likely be illegal if towed on a road
Jameshenry
Member
- Location
- Cornwall
Just refuse to drive it if you're not happy , years back i was working for someone and they asked me to drive a tractor and dump trailer shifting spoil , only a short mile or so trip on country lanes, but the he had the trailer brakes working off a spool lever which was really awkward to operate, tractor had very little brakes and he was in my opinion overloading the trailer, i just refused to drive it !
TheTallGuy
Member
- Location
- Cambridgeshire
Yes, the employer will be held to account especially if something goes badly wrong - employers have a duty of care to ensure that employees are working safely and complying within the law.
- Location
- Scottish Highlands
As does the landowner/ farmer they are contracting for. Where one or more organisations share a workplace, they also share the responsibility for health and safety within that workplace.
kiwi pom
Member
- Location
- canterbury NZ
Its something that amazes me, I think many contractors/farmers just never think about it. Police and vosa obviously don't either because in many areas they'd make a fortune out of it.
I believe in the recently publicised case of the young lad that was killed hauling grain the trailer was way overloaded but it was ignored the brakes being considered the main issue.
I think over here everyone involved can be done for overloading, driver, contractor and whoever they're working for.
Thick Farmer
Member
- Location
- West Wales
There really is no common sense attached to any of it, is there.
- Location
- NSW, Newstralya
" Chain of Responsibility "
caveman
Member
- Location
- East Sussex.
About thirty years ago, I sent a bloke to local docks with a four wheeled sixteen tonner, to fetch a load of EgyptIan spuds for delivery to London wholesale markets.
This involved handballing ten tonnes of spuds from large ship pallets onto ten normal pallets on the vehicle which would take fourteen pallets.
Even though I had instructed him on how to load the vehicle, I shall never know what he did, but, the idiot loaded the vehicle tight to the headboard back, which resulted in the front axle going ten tonnes and the rear axle going six tonnes when he was pulled onto a ministry axle weigher on route.
This upshot was me being fined £600 as the owner of the vehicle and O licence holder, even though I was never within 20 miles of the situation.
This involved handballing ten tonnes of spuds from large ship pallets onto ten normal pallets on the vehicle which would take fourteen pallets.
Even though I had instructed him on how to load the vehicle, I shall never know what he did, but, the idiot loaded the vehicle tight to the headboard back, which resulted in the front axle going ten tonnes and the rear axle going six tonnes when he was pulled onto a ministry axle weigher on route.
This upshot was me being fined £600 as the owner of the vehicle and O licence holder, even though I was never within 20 miles of the situation.
Last edited:
- Location
- Scottish Highlands
Sounds like your staff training, selection, management and supervision were all suspect. I'd also guess that properly written orders might have been sufficient to provide you with a defence, of sorts. Never, ever ask anyone to do an unsupervised safety critical job unless you have absolute confidence that they are fully competent and know exactly what is required. Especially so when the task has the potential to harm the public.
Chae1
Member
- Location
- Aberdeenshire
What a load of bollox.
What's the point employing anyone if they can't think or make decisions for themselves?
Do you employ anyone?
TheTallGuy
Member
- Location
- Cambridgeshire
The point is that you have to show due diligence in ensuring that your staff follow the rules - if you don't then you are considered to be as much at fault as the employee.
- Location
- Scottish Highlands
I have a team work for me, but I'm not the ultimate employer.
I work in a far higher hazard industry than agriculture, but we manage the risk to a minuscule level through appropriate training and supervision of staff. It can be done, and should be done. Just don't ask anyone to do a job unsupervised if you don't have absolute confidence in their ability to stick to your rules. Oh, and make sure your rules are safe.
TripleSix
Member
- Location
- Helmsley, North Yorkshire
I managed to get 19.2 tonne of wheat on an 18 tonne trailer a couple of years back at work.
That trailer was 6.5 tonne empty...
Yeah it was illegal, but I knew the brand new 270 hp tractor was up to it and the nearly new trailer with its full commercial air brakes could stop it.
The boss got cold feet over that trailer and sold it, now only have 14 tonners
That trailer was 6.5 tonne empty...
Yeah it was illegal, but I knew the brand new 270 hp tractor was up to it and the nearly new trailer with its full commercial air brakes could stop it.
The boss got cold feet over that trailer and sold it, now only have 14 tonners
- Location
- Near Beeston Castle
If you had a bad accident that was entirely beyond your control and wholly the fault of the other party you are still in jail.
Not claiming to be innocent myself but rules are rules.
Steevo
Member
- Location
- Gloucestershire
I find this one interesting.....
As stated, it's hard for an employee to say "no" if the boss expects something like that of them 1% of the time, but 99% it's find and dandy.
However, on the other side of the coin it annoys me that HSE seek to prosecute the employer (or landowner) for HSE breaches, even if the employee were actually the one taking the silly risk.
Very difficult situation.
As stated, it's hard for an employee to say "no" if the boss expects something like that of them 1% of the time, but 99% it's find and dandy.
However, on the other side of the coin it annoys me that HSE seek to prosecute the employer (or landowner) for HSE breaches, even if the employee were actually the one taking the silly risk.
Very difficult situation.