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'Not qualified to move snow'


A farmer who helped villagers by clearing snow from roads was left seething after council road bosses told him to stop because he wasn’t qualified.

Christopher Lewis, who owns three farms in the Hinton Waldrist area, near Wantage, called Oxfordshire County Council’s highways department to tell them he had cleared roads around his village.

He then asked if there was anywhere else he could help, but he was not expecting to be met with confusion and concern over health and safety issues.

Mr Lewis said: “I was doing this out of the goodness of my heart. When I rang up and said ‘I’ve done this, what do you want me to do now?’ their response was ‘I beg your pardon, why are you doing this?’ “I wasn’t seeking payment, I wanted to make sure my own vehicle and my own family, including my daughter who is a GP, could get to the main road.”

'I think it is the biggest load of nonsense'

Farmer Christopher Lewis

In the past, Mr Lewis said local farmers were contracted to clear the roads in the event of snow, but it stopped several years ago.

The conditions on untreated minor roads in neighbouring villages had deteriorated as the cold snap bit, with the county council scaling back on the roads gritted and salted.

But council highways engineer Brian Short said: “In an ideal world we would be able to accept offers of help like this.

“However, health and safety regulations are such these days that we’d always need proof of full training and insurance before any offer could even be considered.

“I wish it were different, but that is the world we seem to live in nowadays.”

Heavy snow was expected last night and Mr Lewis said he fully intended to clear at least the Hinton Waldrist area himself.

He said: “Every large farmer in Oxfordshire has a snow plough and I expect a lot of them have their ploughs out for nothing.”

“We’ve got 400 cattle to feed. We will keep this area going and, knowing what I know now, I will probably then go and continue elsewhere.

“It’s just laughable. I think it is the biggest load of nonsense.”

Farm manager Nick Cobbold said: “We all know realistically that the council aren’t going to do it so we are doing it for the local community. It’s not as if it happens every year.”

Mike Shield, who lives in neighbouring Buckland, said: “I cannot believe he has been told off for clearing snow.

“The man has done a bloody good job and helped his community. We should be thanking him, not saying he was breaching health and safety.”

Comments(20)

Ole' Grouch says...
8:37am Tue 10 Feb 09

BL**DY ELF & SAFETY YET AGAIN. Common sense has gone out the window. Neighbourliness is being driven out the same way. The reasons behind the Act may be laudible but the 'JOBSWORTHS' that Administer it are laughable.As is the Legal Industry of 'NO WIN NO FEE'culture imported from 'Across the Pond'.
It's getting to the point when I won't be legally able to scratch my own Ar*e without my actions have been Certificated to say I've received the proper training and my actions have been properly assessed. B**ER that fact that I am suffering discomfort.!!!!!!!!!
!!!!

burro says...
8:42am Tue 10 Feb 09

I am trying to write this whilst my blood pressure has gone higher and higher. Another fine example of the stupid egg heads who run our country from national to local government we have fallen in to a downward spiral of stupidity and nonsense. year ago the countryside would have come to a complete standstill if we had not gone out with the tractors and cleared the roads, looks as if the same would have happened here. Well done Chris Lewis and his staff and all other people with common sense and a public sense of duty. Ignore the wallies in their wellies

tinsel84 says...
8:55am Tue 10 Feb 09

I wonder if we can find out who this farmer spoke to and name and shame them. It just shows how utterly pathetic some individuals in the local councils are. When will they get the message, we are fed up to the back teeth with elf and safety. They can bloody run and trip over an uninsured and misplaces object for all I care. Perhaps if we're lucky they might get caught up in an errant snow plough controlled by a farmer who hasn't passed his elf n safety plough training.

LadyPenelope says...
9:01am Tue 10 Feb 09

Congratulations to Mr Lewis for his community spirit and going the extra mile to help out!

Council highways engineer Brian Short (engineer??? - ha ha ha!) should be sacked for his disgusting attitude towards those wanting to help.

Screw Health and Safety - stop wrapping people up in cotton wool!

MessyMark says...
10:09am Tue 10 Feb 09

SSSSHHHH!!!!!
Don't tell the council but I cleared a number of very icy, steep paths over the weekend so my kids could get to school safely. And before anyone says that could be dangerous, I gritted them afterwards and have continued to do so. Unfortunately I had to buy the grit from a DIY store as the council failed to keep the grit bins filled.

Lots of people want to rally round in these situations and the council should look at ways people can volunteer and help.

Yesterday I helped the teachers of a local school remove compacted snow from a drive. Does this contravene health and safey or is it OK as they are employees of the county.


oxfordborn says...
10:15am Tue 10 Feb 09

Laws come,and laws go-and H&S has had its time I suggest. H&S may have been a fine ideal but it is now an excuse preventing people getting on with life. It is ruining our society - and instead of accepting it we should fight back. We can all recount ludicrous examples of jobsworths using H&S to screw things up. In Cornwall, even the Coastguards banned the use of an inshore lifeboat!
I recall when, decades ago as a young copper in Burford, when it snowed a farmer would drop off their Landrover for us to use to pull people up the hill-those were the days.
Maybe where H&S is used to curtail an activity, the person using it should be obliged to provide an alternative 'safe' means of doing so.

Mickey_d says...
10:57am Tue 10 Feb 09

Errrr... yeah, while I fully understand the sentiments expressed in these comments, you all need to stop pointing your fingers at 'eggheads' and 'jobsworths' because you and I all *know*, that for every person outraged enough to post a complaint on this site, there is another one devious enough to take the kind-hearted farmers to court for not clearing the snow properly and causing them to slip over!

I'm afraid you are all venting your anger at the wrong people! If someone should sucessfully sue in such a case, guess who's going to be picking up the tab? These eggheads and jobsworths are doing their very best to make sure that *YOU AND I* don't get landed with an expensive court case.

This will never stop until 'no win, no fee' is consigned to the morally depraved dustbin where it belongs. the sooner the better as far as I'm concerned and then we can all get back to common sense!

Mickey

neill says...
10:59am Tue 10 Feb 09

I enforce health and safety law, and this type of story is making the task harder. Someone has used this as an excuse not to do something, instead of just ensuring that the community spirited individual was following sensible precautions. If insurance coverage is the issue please say so. Sensible management of health and safety risks does not result in every activity that carries some risk being stopped. The risk from the farmer carrying out this task was likely to less than the risk posed by him not doing it from car accidents and persons slipping on untreated roads and paths.

duwat says...
11:07am Tue 10 Feb 09

Or put another way Mickey, just in case there MIGHT be an accident involving someone unscrupulous, regulations are interpreted to mean that the situation WILL be left in a dangerous and/or obstructive condition; there is no exit strategy.

Harold Onraet Khelf says...
11:19am Tue 10 Feb 09

Yet another exemple of gross (bureaucratic)incomp
etence!
Of course people such as this so-called engineer cannot understand why somebody should want to lend a helping hand, and for free on top of that!

MessyMark says...
12:02pm Tue 10 Feb 09

I stick by my comment above

"Lots of people want to rally round in these situations and the council should look at ways people can volunteer and help"

Maybe Oxfordshire county council should really consider a volunteer force to assist in troubled times.

Anyone fancy filling sandbags, just in case?

Zimmer says...
12:08pm Tue 10 Feb 09

neill wrote:
I enforce health and safety law, and this type of story is making the task harder. Someone has used this as an excuse not to do something, instead of just ensuring that the community spirited individual was following sensible precautions. If insurance coverage is the issue please say so. Sensible management of health and safety risks does not result in every activity that carries some risk being stopped. The risk from the farmer carrying out this task was likely to less than the risk posed by him not doing it from car accidents and persons slipping on untreated roads and paths.
neill: I'm afraid it is an issue as this is a weapon used by 'No Win No Fee lawyers.
Take the example of a nephew of mine. Council would not clear footpath outside his and his neighbours houses of snow which were situated on a slope and deemed by my nephew as dangerous, they didn't didn't have the manpower. He went out and cleared it, one evening.

It froze overnight a delivery person slipped and fell broke his wrist tried to sue the Council for not gritting the path.
Council's lawyers fought it on the grounds that snow was an act of god they were not responsible for clearing snow and the the plaintiff should sue the person who cleared the path. My nephew subsequently was sued wanted to defend the issue but his Insurers whom he had refered the matter to decided that he was negligent and settled with the injured plaintiff. Net result my nephews Insurance premium for house insurance almost doubled at next renewal. He complained and was informed by the Insurers that he had breached Health and Safety rules as by the act of clearing the path he had assumed responibility from the Council for the state of the path when he cleared the snow even though he did it with good intention.End of story.

E.A.H. says...
1:28pm Tue 10 Feb 09

In plain English it is H & S gone O.T.T. and people wanting to sue at the drop of a hat.

whataloadof says...
1:40pm Tue 10 Feb 09

Zimmer I am absolutely astounded, but sadly not surprised, that your nephew got sued for clearing a path. It makes me so angry that some lazy ar*e delivery man saw an oppurtunity to milk some time off and make a bit of cash off a man trying to help his community, and actually suceeded in doing so. I agree with Messy Mark that these are the people to be wary of, not those trying to follow the ridiculous H&S rules. Some people just see a chance to get some free money & don't care who they screw over to get it.

kgreen says...
2:47pm Tue 10 Feb 09

Sack which ever over-pensioned council worker came up with this rubbish and congratulate Mr Lewis for doing a job that wouldn't have been required if a different set of over-pensioned council workers had gritted the roads. Why do we pay council tax?

barford says...
3:26pm Tue 10 Feb 09

Which is a greater threat to 'health and safety': a farmer public-spiritedly clearing his local roads of snow, or the local authority leaving a great many side roads (e.g. on estates and to villages), together with most footpaths, virtual death traps because they can't or won't clear the snow and ice. Why, one wonders, do we bear an ever-increasing burden of council tax? Maybe the local bureaucrats should get out of their lavish offices, pick up a shovel and tackle the footpaths themselves. It would do them a lot of good, in both body and mind, and perhaps make them a little less pompous, arrogant and, yes, useless.

nickwilcock says...
5:54pm Tue 10 Feb 09

In Germany, you are required to clear snow from any path in front of your house.

I explained the elf'n safety yellow-coated ambulance-chasing lawyer nonsense of the UK and my German colleagues couldn't believe that we leave snow as it is so that people know it's likely to be slippery, whereas if we clear it they might be stupid enough not to realise it could be slippery. Then fall over and bleat for some legal weasel to sue the well-intentioned person who cleared the path.

Health and Safety - it'll be the death of us!

Terry Chandler says...
9:02pm Tue 10 Feb 09

Zimmer wrote:
neill wrote:
I enforce health and safety law, and this type of story is making the task harder. Someone has used this as an excuse not to do something, instead of just ensuring that the community spirited individual was following sensible precautions. If insurance coverage is the issue please say so. Sensible management of health and safety risks does not result in every activity that carries some risk being stopped. The risk from the farmer carrying out this task was likely to less than the risk posed by him not doing it from car accidents and persons slipping on untreated roads and paths.
neill: I'm afraid it is an issue as this is a weapon used by 'No Win No Fee lawyers.
Take the example of a nephew of mine. Council would not clear footpath outside his and his neighbours houses of snow which were situated on a slope and deemed by my nephew as dangerous, they didn't didn't have the manpower. He went out and cleared it, one evening.

It froze overnight a delivery person slipped and fell broke his wrist tried to sue the Council for not gritting the path.
Council's lawyers fought it on the grounds that snow was an act of god they were not responsible for clearing snow and the the plaintiff should sue the person who cleared the path. My nephew subsequently was sued wanted to defend the issue but his Insurers whom he had refered the matter to decided that he was negligent and settled with the injured plaintiff. Net result my nephews Insurance premium for house insurance almost doubled at next renewal. He complained and was informed by the Insurers that he had breached Health and Safety rules as by the act of clearing the path he had assumed responibility from the Council for the state of the path when he cleared the snow even though he did it with good intention.End of story.
He should have denied clearing the path, they woudn't have been able to prove it.

duwat says...
3:49pm Wed 11 Feb 09

I thought it was the householders responsibility to clear the path outside their home.

And, surely the driver has a responsibility to respond to conditions, eg, by wearing appropriate shoes and watching where he puts his feet.

tanchris says...
4:51pm Wed 11 Feb 09

i must confess i cleared a pathway through the snow and i am tempted to "hand myself in" and take any punishment meeted out by our Lords and Masters.The funny thing is i would get community service which is bound to involve clearing snow!


Farm manager Nick Cobbold and driver Jon Holmes Farm manager Nick Cobbold and driver Jon Holmes

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