In response to the letter from Harold Ennis in the Review on November 7, I would like to point out that any employer has a duty to provide health and safety training under section 2 (2) (c) of the Health and Safety At Work Etc Act 1974 which states: "(The employer has to give such information, instruction, training, and supervision as is necessary to ensure, so far as is reasonably practicable, the health and safety at work of all (his) employees."
As to the sister company it is they who have the duty to ensure that all tasks are carried out in a safe and proper manner and cutting a hedge from the tailboard of a pick up truck may well be a safe system of work depending on the size and the height of the hedge and how they are able to operate safely from it.
The employer has to authorise the system of work being undertaken and is not necessarily unsafe.
The employer also has a duty to supervise the work activity to ensure it is carried out in accordance with the laid down procedures.
It is therefore this that should be examined not the way they carried out the task of cutting the hedge.
What may at first glance look to be dangerous may in fact be the agreed safe system of work laid down in the circumstances prevailing at the time.
– R Shillabeer, Caldicot.





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