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 Post subject: Hot topic of debate
PostPosted: Sat Jul 27, 2013 7:43 pm 
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Earlier this week a driver became ill after sitting for 20 minutes behind a car on the rank who kept his engine running for his aircon ( I was on the rank at the same time and this driver was 45 minutes on the rank with engine running !) anyway he had to finish early but recovered quickly and was back at work following day. As one of the most senior drivers in Stamford i was asked a question I cannot answer does anyone on here know

if this driver makes a formal complaint to Health and Safety who would be liable is it

a) the driver themself for sitting behind this other car with the windows open
b) the company whose car it was
c) The council who provide the rank on which the vehicles were sat for not enforcing rules which require drivers to switch off engines

I personally think it is A but lots of people are saying b or c although i doubt a council could be held responsible

Does anybody have some insight into this or will it just be skippys guess !!!

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 Post subject: Re: Hot topic of debate
PostPosted: Sat Jul 27, 2013 9:09 pm 
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I doubt that there would be sufficient proof to categorically say that the driver became ill because of the fumes. Did anyone ask the other driver to turn his engine off? If not, why not? If they did, what was his reply? I think that you will get nowhere with a complaint.

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 Post subject: Re: Hot topic of debate
PostPosted: Sat Jul 27, 2013 9:11 pm 
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That was obvious from the start this is more a hypothetical question had this been more serious

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 Post subject: Re: Hot topic of debate
PostPosted: Sat Jul 27, 2013 11:33 pm 
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who sits with the engine running for 45 minutes just for the aircon?...

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 Post subject: Re: Hot topic of debate
PostPosted: Sun Jul 28, 2013 8:58 am 
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edders23 wrote:
Earlier this week a driver became ill after sitting for 20 minutes behind a car on the rank who kept his engine running for his aircon ( I was on the rank at the same time and this driver was 45 minutes on the rank with engine running !) anyway he had to finish early but recovered quickly and was back at work following day. As one of the most senior drivers in Stamford i was asked a question I cannot answer does anyone on here know

if this driver makes a formal complaint to Health and Safety who would be liable is it

a) the driver themself for sitting behind this other car with the windows open
b) the company whose car it was
c) The council who provide the rank on which the vehicles were sat for not enforcing rules which require drivers to switch off engines

I personally think it is A but lots of people are saying b or c although i doubt a council could be held responsible

Does anybody have some insight into this or will it just be skippys guess !!!

If someone becomes ill because of someone else's actions then it's the someone else that is liable, or the vehicle's insurance.

Clearly proving it will not be easy, but the fault lies with Mr Air-con and/or his insurers.

I would speak to the council see if they can add a mustn't keep engine running condition on the license.

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 Post subject: Re: Hot topic of debate
PostPosted: Sun Jul 28, 2013 11:17 am 
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Location: Braintree, Essex.
edders23 wrote:
Earlier this week a driver became ill after sitting for 20 minutes behind a car on the rank who kept his engine running for his aircon ( I was on the rank at the same time and this driver was 45 minutes on the rank with engine running !) anyway he had to finish early but recovered quickly and was back at work following day. As one of the most senior drivers in Stamford i was asked a question I cannot answer does anyone on here know

if this driver makes a formal complaint to Health and Safety who would be liable is it

a) the driver themself for sitting behind this other car with the windows open
b) the company whose car it was
c) The council who provide the rank on which the vehicles were sat for not enforcing rules which require drivers to switch off engines

I personally think it is A but lots of people are saying b or c although i doubt a council could be held responsible

Does anybody have some insight into this or will it just be skippys guess !!!



If it's a modern vehicle I doubt it would've caused his illness. Being an old smoker then I say yes there might be something behind it.


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 Post subject: Re: Hot topic of debate
PostPosted: Sun Jul 28, 2013 11:56 am 
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Sussex wrote:
edders23 wrote:
c) The council who provide the rank on which the vehicles were sat for not enforcing rules which require drivers to switch off engines




I would speak to the council see if they can add a mustn't keep engine running condition on the license.

It would seem that the condition already exists.

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 Post subject: Re: Hot topic of debate
PostPosted: Sun Jul 28, 2013 5:32 pm 
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What were the symptoms of this illness ?

Personally I would say A, because being self-employed health and safety is your responsibility. He should have identified the risk via an assesment (the fumes if this was the cause of the illness) and taken steps to reduce the risk by either closing the windows, turning off the aircon or simply moving off the rank.


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 Post subject: Re: Hot topic of debate
PostPosted: Sun Jul 28, 2013 9:07 pm 
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sasha wrote:
What were the symptoms of this illness ?

Personally I would say A, because being self-employed health and safety is your responsibility. He should have identified the risk via an assesment (the fumes if this was the cause of the illness) and taken steps to reduce the risk by either closing the windows, turning off the aircon or simply moving off the rank.



OR GETTING OUT OF HIS CAB WALKING A FEW PACES FORWARD AND TELLING THE ARSE WHIP TO TURN HIS MOTOR OFF.


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 Post subject: Re: Hot topic of debate
PostPosted: Sun Jul 28, 2013 9:29 pm 
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I think he'd have a bugger of a job proving that this Illness was caused by exhaust fumes.

More likely something to do with sitting in a hot car on a roasting hot day. Even more so if he's overweight and or not in the best of health, like most of us. :oops:

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 Post subject: Re: Hot topic of debate
PostPosted: Sun Jul 28, 2013 9:30 pm 
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no tips wrote:
sasha wrote:
What were the symptoms of this illness ?

Personally I would say A, because being self-employed health and safety is your responsibility. He should have identified the risk via an assesment (the fumes if this was the cause of the illness) and taken steps to reduce the risk by either closing the windows, turning off the aircon or simply moving off the rank.



OR GETTING OUT OF HIS CAB WALKING A FEW PACES FORWARD AND TELLING THE ARSE WHIP TO TURN HIS MOTOR OFF.


That too :lol:

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 Post subject: Re: Hot topic of debate
PostPosted: Sun Jul 28, 2013 9:47 pm 
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My brother once hired a van and got me to drive it down to Folkestone there was a hole in the exhaust and when I got there I felt not well, after going for a meal and one pint I went outside and spewed my ringer up it took a few hours after that to feel normal again, worst thing was I had to drive the van back up but kept all the windows down, would have had them down on the way down but it was hissing down


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 Post subject: Re: Hot topic of debate
PostPosted: Mon Jul 29, 2013 4:25 pm 
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skippy41 wrote:
My brother once hired a van and got me to drive it down to Folkestone



thats family for you

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 Post subject: Re: Hot topic of debate
PostPosted: Tue Jul 30, 2013 3:54 pm 
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Firstly he had duty of care to himself, so if he sits in a poisonous atmosphere through choice thats his fault.

If he believes that the fumes from the other cab caused his problem why sit in them??

Its doubtful that the exhaust from the other cab caused his problem but maybe contributed to it.

So does this dick head want all cabs on the rank to be prevented from idling their engines ???

be glad you aint got a green council :badgrin: :badgrin: :badgrin: :badgrin: :badgrin:

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 Post subject: Re: Hot topic of debate
PostPosted: Tue Jul 30, 2013 7:01 pm 
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trotskys twin wrote:
be glad you aint got a green council :badgrin: :badgrin: :badgrin: :badgrin: :badgrin:

Tell me about it. :sad:

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