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H&S Rules - A Temporary Relaxation

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Stuwoolf
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H&S Rules - A Temporary Relaxation

Post by Stuwoolf »

My wife works in the beauty industry and is located in a hairdressers which is situated within a gym. In Scotland gyms may not open until September or at best end of August.

As a result the gym, located in the southside of Glasgow, is closed and she cannot get access to the premises to retrieve her equipment which may allow her to work on a mobile basis. She has not earned since March 19th and she is desperate to get back to work.

Anyway, the gym is closed and access even for staff working from there, is not permitted. I understand part of the issue is the owners, Nuffield, are reluctant to allow anyone on to the premises, including the car park, due to H&S reasons. They are afraid, I think, that should someone sustain an injury, they, Nuffield, will be liable. Perhaps this is a valid position. In addition they do not want someone wandering around the facility when it is closed. Again, understandable.

Having given the situation some thought, I came up with this:

The company allows certain individuals on to the site on the proviso they sign a No Liability Agreement ie if the individual/s sustain an injury the company is not liable. The agreement would be for a previously agreed specific day and a specific time frame. In addition, the company could carry out Risk Assessments identifying potential hazards and mitigating them. In addition the Agreement would include the signatory agreeing to obey the direction of the member of staff who is facilitating access. No Entry signs could also be installed advising certain areas are not accessible.

Is this a possible approach? Grateful for your thoughts.
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Re: H&S Rules - A Temporary Relaxation

Post by Juan Carlos »

yes, carrying out a risk assessment and implementing the necessary measures to ensure people are safe (including instructions for all) is the right approach, now, with regards to disclaimers etc, these, by and large, are not worth the paper they are written on.
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Re: H&S Rules - A Temporary Relaxation

Post by Messy »

Stuwoolf wrote: Thu Jul 30, 2020 1:31 pm Perhaps this is a valid position.
No Stuwoolf, its a position drawn up by idiot jobsworths.

The lockdown arrangements are in place to prevent the spread of CV-19 around the population. Some premises are deemed to involve close contact so will not be permitted in the first tranche of restrictions being lifted.

A member of staff being barred from entry to collect person possessions on H&S grounds is nonsense. What risk is there in a key holder opening the building, disarming the intruder alarm and letting your wife proceed alone to collect her kit?

The building is empty so a low risk of the virus. She can mask up, so a low risk of contaminations. She might fall?? Really? Oh dear its pathetic

I absolutely hate it when H&S is abused like this. Nuffield are overthinking this or probably don't want to pay a key holder to open the premises for 10 minutes
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Re: H&S Rules - A Temporary Relaxation

Post by Blackstone »

Totally agree with Messy! :x
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Re: H&S Rules - A Temporary Relaxation

Post by Stuwoolf »

Thanks for the responses.

Further digging has uncovered the probable REAL reason why access is so difficult. The gym does not wish to give access to the area where the equipment currently is. The gym, quite rightly, wants the manager of that sub-let area to be in attendance when access is given. The problem appears to be the owner of the business which exists in the sub-let has pi$$ed off to Spain for a holiday!

It seems H&S was a convenient reason to muddy the waters.

Thanks again for the feedback.
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Re: H&S Rules - A Temporary Relaxation

Post by ddlh »

Maybe worth dropping the sub manager a note stating you wish access to collect the items on his return - maybe mentioning the potential earning losses that may be incurred if he failed to offer reasonable access. Im sure the manager will have a deputy tasked to carry out management duties if the manager was not available in emergency?

It is also worth looking at the value of the goods in question - do they cost a lot? cost effective to get new stuff?

Considering the guy will have to self isolate for another 2 weeks on his return chase him now to see if anyone else has keys.
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Re: H&S Rules - A Temporary Relaxation

Post by Stuwoolf »

ddlh wrote: Fri Jul 31, 2020 4:45 pm Maybe worth dropping the sub manager a note stating you wish access to collect the items on his return - maybe mentioning the potential earning losses that may be incurred if he failed to offer reasonable access. Im sure the manager will have a deputy tasked to carry out management duties if the manager was not available in emergency?

It is also worth looking at the value of the goods in question - do they cost a lot? cost effective to get new stuff?

Considering the guy will have to self isolate for another 2 weeks on his return chase him now to see if anyone else has keys.
Thanks for this.

There is no sub-manager (small business) or at least the guy who would be sub-manager isnt available either..........guess where he is?😑 The whole thing is a shitshow!

Thanks again for your input.
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Re: H&S Rules - A Temporary Relaxation

Post by witsd »

Weirdly, I was parked in what I suspect* is the carpark to the facility you are talking about, not 45 minutes ago.

Small world.

*Unless you are one of those people who maintains that EK is Southside. :D
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Re: H&S Rules - A Temporary Relaxation

Post by Alexis »

Agree with above. Nonsense!

Our Sports Centre has had all sorts of people in it over the past few months when it was "closed". Electricians, the Manager, Employees, alarm maintenance, joiner, cleaning companies, wee boys climbing the huge football fencing to have a game etc.

They retrieved the Jujitsu mats for the Judo classes, run by an outside approved consultant who taught within the gym, so no reason at all not to open the doors in your specific gym to allow your Wife access to her tools of the trade. The Judo Master is also allowed to do his classes in the car park.

I would contact your local MSP. They will do anything for anyone. I say this because I have been in contact with mine a couple of months ago and was well impressed with the speed of returned emails and result in my favour. Worth a try Stuart.
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Re: H&S Rules - A Temporary Relaxation

Post by Stuwoolf »

Alexis wrote: Mon Aug 03, 2020 5:08 pm Agree with above. Nonsense!

Our Sports Centre has had all sorts of people in it over the past few months when it was "closed". Electricians, the Manager, Employees, alarm maintenance, joiner, cleaning companies, wee boys climbing the huge football fencing to have a game etc.

They retrieved the Jujitsu mats for the Judo classes, run by an outside approved consultant who taught within the gym, so no reason at all not to open the doors in your specific gym to allow your Wife access to her tools of the trade. The Judo Master is also allowed to do his classes in the car park.

I would contact your local MSP. They will do anything for anyone. I say this because I have been in contact with mine a couple of months ago and was well impressed with the speed of returned emails and result in my favour. Worth a try Stuart.
Thanks for this. Waiting to hear from the manager.
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Re: H&S Rules - A Temporary Relaxation

Post by Alexis »

Let us know how you get on please Stuart.

Good luck.

p.s. Just a thought, but are they not withholding and going against the law I wonder!
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