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7:10am Tuesday 10th February 2009 in
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
burro
says...
8:42am Tue 10 Feb 09
tinsel84
says...
8:55am Tue 10 Feb 09
LadyPenelope
says...
9:01am Tue 10 Feb 09
MessyMark
says...
10:09am Tue 10 Feb 09
oxfordborn
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10:15am Tue 10 Feb 09
Mickey_d
says...
10:57am Tue 10 Feb 09
neill
says...
10:59am Tue 10 Feb 09
duwat
says...
11:07am Tue 10 Feb 09
Harold Onraet Khelf
says...
11:19am Tue 10 Feb 09
MessyMark
says...
12:02pm Tue 10 Feb 09
Zimmer
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12:08pm Tue 10 Feb 09
neill wrote:neill: I'm afraid it is an issue as this is a weapon used by 'No Win No Fee lawyers.
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.
E.A.H.
says...
1:28pm Tue 10 Feb 09
whataloadof
says...
1:40pm Tue 10 Feb 09
kgreen
says...
2:47pm Tue 10 Feb 09
barford
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3:26pm Tue 10 Feb 09
nickwilcock
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5:54pm Tue 10 Feb 09
Terry Chandler
says...
9:02pm Tue 10 Feb 09
Zimmer wrote:He should have denied clearing the path, they woudn't have been able to prove it.
neill wrote:neill: I'm afraid it is an issue as this is a weapon used by 'No Win No Fee lawyers.
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.
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.
duwat
says...
3:49pm Wed 11 Feb 09
tanchris
says...
4:51pm Wed 11 Feb 09
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