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Mobile Phone driving Mobile Plant

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  • 31-01-2020 12:25pm
    #1
    ziedth
    Moderators, Entertainment Moderators, Regional South East Moderators Posts: 9,081 Mod ✭✭✭✭


    Morning all,

    Quick question if someone could help it would be much appreciated as Google isn't throwing back anything obvious.

    Basically (although it seems obvious there is I can't find anything from HSA or RSA) but is there a "law" against operating a mobile phone while operating mobile plant (JCB's for example) internally on a factory floor for example.

    A link to something definitive would be brilliant as there is an argument between the benefit of staff having one operationally and the potential legal issues (if any) should something happen.

    Thanks


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    #2
    randomrb
    Registered Users Posts: 351 ✭✭randomrb


    Possibly would be dependant on internal health and safety policy.

    If its internally on private property i don't think it would be illegal but i'm not sure


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    #3
    ziedth
    Moderators, Entertainment Moderators, Regional South East Moderators Posts: 9,081 Mod ✭✭✭✭ziedth


    Thanks for the reply, Funny you should say the argument is basically tying to dictate the H&S policy. Operations are of the view that use of phones is essential for contact (and TBF they are not wrong) but the counter argument is that if one of the machines crashes into a delivery (for example) then the company would be over a barrel.


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    #4
    StupidLikeAFox
    Registered Users Posts: 7,699 ✭✭✭StupidLikeAFox


    ziedth wrote: »
    Thanks for the reply, Funny you should say the argument is basically tying to dictate the H&S policy. Operations are of the view that use of phones is essential for contact (and TBF they are not wrong) but the counter argument is that if one of the machines crashes into a delivery (for example) then the company would be over a barrel.

    "Operators must ensure that their vehicle is stopped in a safe place before communicating via phones". I would say that is common sense tbh

    Either that or get them wireless headsets, seems to work in Lidl


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    #5
    28064212
    Registered Users Posts: 10,507 ✭✭✭✭28064212


    You're unlikely to find any law as specific as that. There are laws stipulating a safe work environment, and allowing/encouraging mobile phone use may been seen as contravening that. And yes, if there was an incident, it's likely that the company would be (to use the legal term) "screwed"

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    #6
    randomrb
    Registered Users Posts: 351 ✭✭randomrb


    ziedth wrote: »
    Thanks for the reply, Funny you should say the argument is basically tying to dictate the H&S policy. Operations are of the view that use of phones is essential for contact (and TBF they are not wrong) but the counter argument is that if one of the machines crashes into a delivery (for example) then the company would be over a barrel.

    I doubt there is any laws on it as they don't usually legislate all H & S matters, but as the poster above said if there was an accident and the employee was on their phone I think there would be a liability problem.


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    #7
    Victor
    Registered Users Posts: 78,308 ✭✭✭✭Victor


    ziedth wrote: »
    Basically (although it seems obvious there is I can't find anything from HSA or RSA) but is there a "law" against operating a mobile phone while operating mobile plant (JCB's for example) internally on a factory floor for example.

    It would likely be a HSA matter.

    Road Traffic Act applies to public roads an place to which the public have general access.


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