question about complaint recieved for "unsafe" building work

UncleRuckus said:
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. ;)
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Don't do this.

The HSE now charge for all visits, under the Fee For Intervention (FFI) scheme.

Even if you could prove you've done nothing wrong you'll still get a bill for wasting their time. Plus if the OP is a contractor and they sense you're trying to block them they'll send an inspector who can exercise powers under section 20 of the HSWA.
 
And yet more google-foo brings up sites like diynot.com and scaffoldersforum.com which state in numerous posts that the HSE has no say over DIY. The oracle (father) is due over in an hour or so, I'll ask him and get a definitive answer but tbh I'd say from what I've been able to find that you don't have to worry as they have no powers over you whatsoever.
 
EVH said:
Don't do this.

The HSE now charge for all visits, under the Fee For Intervention (FFI) scheme.

Even if you could prove you've done nothing wrong you'll still get a bill for wasting their time. Plus if the OP is a contractor and they sense you're trying to block them they'll send an inspector who can exercise powers under section 20 of the HSWA.
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Who does it apply to:
FFI applies to dutyholders where HSE is the enforcing authority. This includes employers, self-employed people who put others (including their employees or members of the public) at risk, and some individuals acting in a capacity other than as an employee, eg partners. It includes:

public and limited companies;
general, limited and limited liability partnerships; and
Crown and public bodies.
 
Dis86 said:
And yet more google-foo brings up sites like diynot.com and scaffoldersforum.com which state in numerous posts that the HSE has no say over DIY.
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OP talks about scaffolding at roof level, is this DIY? I'd say unless it's 100% DIY then be careful.
 
Kenai said:
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.
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I would do a bit of research first, but would reply along these lines.

The only concern might be if it could be argued that the work was being done "off book" in some way.
 
maccapacca said:
OP talks about scaffolding at roof level, is this DIY? I'd say unless it's 100% DIY then be careful.
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People can rent scaffold for their own personal use, though I suspect that if it's a genuine HSE letter they've probably seen the use of scaffold as evidence that it's a contractor doing the work rather than an individual.
 
maccapacca said:
OP talks about scaffolding at roof level, is this DIY? I'd say unless it's 100% DIY then be careful.
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Yes. He has done it himself. He has not paid anyone to do it. He is not being paid to do it.

As has been said a number of times, the HSE only have powers over the work-place and employers.
 
UncleRuckus said:
Who does it apply to:
FFI applies to dutyholders where HSE is the enforcing authority. This includes employers, self-employed people who put others (including their employees or members of the public) at risk, and some individuals acting in a capacity other than as an employee, eg partners. It includes:

public and limited companies;
general, limited and limited liability partnerships; and
Crown and public bodies.
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I'd say this covers it. Probably a complaint from a neighbour.

As mentioned above, they've assumed the OPs father is self employed or working as a contractor. The best policy is to contact the HSE and put it right.
 
maccapacca said:
Even if it's outside HSE jurisdiction wouldn't you want the basic H&S on site anyway? I know I would.
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Well it depends what you're doing - I doubt you'd find many people in hard hats and hi-viz for renovating their own house, unless they were doing something specific like knocking down a ceiling.
 
Kenai said:
Well it depends what you're doing - I doubt you'd find many people in hard hats and hi-viz for renovating their own house, unless they were doing something specific like knocking down a ceiling.
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The safety bar below knee level is a pretty serious issue though, as any leverage put on it would act like a pivot. You wouldn't want to fall over the side of the scaffolding at roof level :eek:

James, you mention that its your parents home.. Is your dad working on it on a official capacity or is it "DIY". Reason being, you could contact the person that's name is on the letter. I forget what they're called but its either from a principle inspector or their admin. In my experience they're almost always understanding and would appreciate you putting them right.

Also, if your dad has hired the scaffolding and the hire company hasn't provided suitable and sufficient equipment they could be done under PUWER Regs. Again, even if you just tell the HSE you're an individual renovating your own home, they might be interested with the hire company.

If you've been having issues since you got the home I'd look out for the twitchy curtains!
 
DIY is exempt from Health and Safety legislation. Just ring the local HSE and tell them you are a domestic home owner doing DIY and you'll never hear from them again.
 
BDEE said:
Does he also kill Queen wasps?

What does the rate of your fathers remuneration have to do with it?
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Thanks for your sarcastic comment. No he doesn't kill any kind of insect. And his remuneration shows that it can be a good idea to argue with the HSE which was the point I was making.

Spoke to him about it tonight and he basically said if the scaffold can come down on anyone else's property or anyone might be on yours and it comes down you potentially have an issue. You would require public liability insurance. He also pointed out that you must have a certified scaffolder check it off.

He also said that whatever neighbour reported you is an absolute **** and if someone had done that to him he'd find out who they were and make their life miserable for a while :D

Oh and the PPE is entirely your own choice he pointed out. Although working from scaffold he would advise some kind of fall-arrest system but the HSE can't enforce that if you're doing DIY.
 
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You would only need a certified scaffolder to check it off if it was built by a contractor, and in which case if it fell over it would be covered by that contractors public liability insurance.

If you hire a mobile scaffold tower as it seems the OP suggested, you do not need anyone to check it. The hire company should check you have all the bits, but if its in good order on delivery and you put it up wrong and it falls down and you die, then that's your own problem.

Public Liability Insurance is only required for companies, it would be ridiculous to ask in law that DIY doers have to take it out. Yes, if it falls over and you hurt any other person other than yourself in the process it would be an issue but it would be a civil problem rather than a criminal one, ergo, the HSE have no jurisdiction.
 
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Ahhhh, didn't realise it's a mobile tower. That's totally different. OP, suggest you just take the earlier advice I offered and write/call the HSE asking what laws/rules you're exactly meant to be breaking.
 
EVH said:
I'd say this covers it. Probably a complaint from a neighbour.
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I'd put a shiny penny on this being the case too. Curtain twitching retiree sat about all doing nothing except getting more bitter and shouting at the rain for being too wet.

Probably had some contacts in the HSE, or is ex-HSE.
 
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