question about complaint recieved for "unsafe" building work

jamesmorris86 · 16 Aug 2013 at 17:33

Hey guys,

Me and my father have recently purchased an old house which we are currently extending. Ever since we got planning permission we have been receiving complains left right and center for anything and everything we do. Which is sad as we are actually very considerate of the neighbors and have never had this problem before.

We have just received a letter from Health and Safety Executive with the following complaint.

- No use of personal protective equipment
- Alleges working off scaffold tower eaves level where safety bar set below knee level.

The scaffold one is a load of rubbish, however other than steel toe boots we don't wear any other ppe.

They want us to respond to this letter, and I was just wondering if we are actually doing anything wrong. Since the house is my fathers own house and it is just him and me working on it, are we breaking any laws?

They say they can fine us...

MrMoonX · 16 Aug 2013 at 17:37

I'd be tempted to respond with please proved the evidence to the above allegations

jamesmorris86 · 16 Aug 2013 at 17:38

That will defiantly be in there as I know for a fact we have never set up the scaffold tower with the safety bar below knee levels

PlacidCasual · 16 Aug 2013 at 17:41

Write up a quick risk assessment, you'll find example on the net, and respond to the HSE that you have assessed the jobs and the PPE being used is in line with the assessment.

They can disagree with you but you will have met the management regs requirement which is the easiest way for them to screw you.

Jokester · 16 Aug 2013 at 17:43

Are you a business?

jamesmorris86 · 16 Aug 2013 at 17:47

No, my father was but he is 55 now so the only work we are doing now is this house for him which is in his own name and not the company name.

Jokester · 16 Aug 2013 at 17:49

Then I don't see what business it is of the HSE to get involved. How was the letter addressed?

jamesmorris86 · 16 Aug 2013 at 17:55

It was addressed in my dads name to his current home address.

wonko · 16 Aug 2013 at 17:55

I'm not an expert but a lot of the legislation relates to employers and employees "at work" and so only applies to a business.

Maccapacca · 16 Aug 2013 at 17:58

Are you over 30 days work?

http://www.hse.gov.uk/construction/areyou/builder.htm

They can and will if someone keeps complaining visit, don't think you can do what you like as your project is small. They can and will stop work and fine you.

Kenai · 16 Aug 2013 at 17:59

My first gut reaction is that the HSE have absolutely no say at all in how someone privately goes about doing something to their own private property.

I suspect whoever has complained has misled them somewhat into thinking you are some sort of contracting firm (or is equally confused themselves about who you are).

Jokester · 16 Aug 2013 at 18:00

wonko said:
I'm not an expert but a lot of the legislation relates to employers and employees "at work" and so only applies to a business.

That's my understanding as well.

Maybe you've ****ed off a neighbour or something and they've spoofed a letter to try and scare you or something. Seems strange that the HSE are chasing a private individual, could have understood it if they had addressed it to your dad's old business though.

Kenai · 16 Aug 2013 at 18:01

maccapacca said:
Are you over 30 days work?

http://www.hse.gov.uk/construction/areyou/builder.htm

They can and will if someone keeps complaining visit, don't think you can do what you like as your project is small. They can and will stop work and fine you.

He's not a small builder though, contracted to perform works. He's a private (pair of) individual(s) working on private property.

If he was working on someone elses property he would suit the smaller builder description.

Jokester · 16 Aug 2013 at 18:01

maccapacca said:
Are you over 30 days work?

http://www.hse.gov.uk/construction/areyou/builder.htm

They can and will if someone keeps complaining visit, don't think you can do what you like as your project is small. They can and will stop work and fine you.

We use the term 'smaller builder' to describe contractors who undertake work on:

Key phrase is contractor which is a business.

Dis86 · 16 Aug 2013 at 18:03

a two second google search for some backup shows that indeed it only applies to the workplace and people who are being employed to do the work. I'd either reply asking for them to provide proof of the allegations, ask what legislation it is infringing upon and ask how they got your details or ignore it completely.

AS_Platinum · 16 Aug 2013 at 18:04

I had the same kind of issue with one of my neighbors. We we're redecorating. I was chasing out walls during the day for cable drops.

We got a letter from the council saying we we're knocking down walls. I phoned them up and basically told them to jog on. Nothing heard of it, that was about 6 years ago.

Maccapacca · 16 Aug 2013 at 18:05

I wouldn't be getting smart and arguing with the HSE.

Dis86 · 16 Aug 2013 at 18:07

maccapacca said:
I wouldn't be getting smart and arguing with the HSE.

My dad does it for a living and gets paid a lot of money for doing so.

Works for him.

UncleRuckus · 16 Aug 2013 at 18:07

You could just ignore the letters and any future ones, let them waste their time by paying you a visit. Then inform them that you are not a business or contractor. This would surely annoy them and perhaps they would get back to the complaining neighbour on the matter.

Kenai · 16 Aug 2013 at 18:09

maccapacca said:
I wouldn't be getting smart and arguing with the HSE.

No need to be getting smart with them, just tell them you're not a contractor, you are simply privately working on your own property.

I'm fairly sure the HSE have no jurisdiction over people doing private work on their own homes.

question about complaint recieved for "unsafe" building work

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