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BP can't put out signs to warn people of fuel spillages!!??.

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0l0dom0l0
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PostPosted: 16:27 - 11 Nov 2011    Post subject: BP can't put out signs to warn people of fuel spillages!!??. Reply with quote

So, the story goes like this.

Apparently some idiot this morning managed to overfill their canister, pouring what looked like over a gallons worth of diesel all over the floor.

I pull up to the pump, luckily very slowly and put my foot down when I stop. Well I completely lost my footing on my right foot, the floor was like ice. On closer inspection I could see sand and underneath the sand was the classic rainbow we all know as diesel. I couldn't see it very well however as it was covered by the sand in places.

It was clear they were aware of the spillage by the fact sand had been put down. Anyway, after filling my bike I went into the station and asked if they perhaps could put a sign out just warning people (especially bikers) of the slippery surface. All it needs to say is 'Caution Fuel Spillage, Slippery Surface' or something similar.

Well, I originally said this to the cashier who then pointed in the direction of the manager and said to speak to her.

So in a friendly manner I approach her (she'd heard the rest of the conversation anyway) and put across my suggestion of putting the sign out. 'we can't do that she said' and upon questioning her as to why she said 'health and safety says we've accepted liability if we do that'.

The other cashier then said in the same way Tesco's won't put down grit if its snowy because they then know its a problem and are liable if someone falls over.

I'm appalled at this. It's ridiculous. In putting the sand down they've accepted liability anyway so I don't really see why putting a sign out to warn people of the danger and probably reduce the amount of people that cause damage on it is a problem.

What are people's thoughts ?
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Im-a-Ridah
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PostPosted: 16:42 - 11 Nov 2011    Post subject: Reply with quote

This is what you get when you have a massive bureaucracy, it shouldn't come as any surprise to you TBH.
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Sam_Y_93
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PostPosted: 16:44 - 11 Nov 2011    Post subject: Reply with quote

That does seem ridiculous. Have said similar in my local esso and they were more than happy to go clear it up more thoroughly and put out a sign.
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0l0dom0l0
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PostPosted: 16:51 - 11 Nov 2011    Post subject: Reply with quote

Im-a-Ridah wrote:
This is what you get when you have a massive bureaucracy, it shouldn't come as any surprise to you TBH.


It doesn't. However in this day and age of heath and safety gone mad I expected the complete opposite. I thought they have to be out there in a flash with signs and sand.
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chris-red
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PostPosted: 16:59 - 11 Nov 2011    Post subject: Reply with quote

I a bit of common sense your your part wouldn't go amiss, petrol stations are slippy because of the high likely hood of spills. Treat it as a hazard, you should be expecting it to be like that IMO. I'm always really careful coming in and the first half a mile after, incase I have anything contaminating my tyres.
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shereen
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PostPosted: 17:01 - 11 Nov 2011    Post subject: Reply with quote

If I see sand on the floor of a petrol station, it straight away rings bells that there is most probably a fuel spillage.
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0l0dom0l0
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PostPosted: 17:10 - 11 Nov 2011    Post subject: Reply with quote

I am always very careful when pulling up. Sand wasn't easy to see as the floor was wet and it was that weird yellowish/ sandy colour lol.

I also expect the floor to be slippery when putting my feet down but this was literally like an ice rink.
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doggone
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PostPosted: 17:17 - 11 Nov 2011    Post subject: Reply with quote

It's actually a complete lie they use because they're too lazy to do it.
The imaginary court case would be interesting.

They've already shown they knew there was a spill by putting absorbent material on it - so how does adding a sign alter things exactly.

Same goes for snow-clearing - they can't be arsed so come up with the liability BS
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Im-a-Ridah
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PostPosted: 17:19 - 11 Nov 2011    Post subject: Reply with quote

I don't think expecting people to use their common sense is really a substitute for putting out a sign to give a warning, especially since they stick signs up warning about using mobile phones! One is a genuine hazard, and it's not the phones.
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0l0dom0l0
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PostPosted: 17:24 - 11 Nov 2011    Post subject: Reply with quote

doggone wrote:
It's actually a complete lie they use because they're too lazy to do it.
The imaginary court case would be interesting.

They've already shown they knew there was a spill by putting absorbent material on it - so how does adding a sign alter things exactly.

Same goes for snow-clearing - they can't be arsed so come up with the liability BS


See, apparently they used to be able to steam clean the floor but now they can't.

Again, that's crazy. How can removing the hazzard altogether not be allowed?

I can't see how they'd have a leg to stand on in court. If I'd dropped a new 2011 bike etc then I would take them to court over it.
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Pete.
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PostPosted: 17:32 - 11 Nov 2011    Post subject: Reply with quote

Sand isn't a proper abosorbant for a fuel spillage in any case. If you used it on any decent building site they'd have you off.
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0l0dom0l0
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PostPosted: 17:34 - 11 Nov 2011    Post subject: Reply with quote

Pete. wrote:
Sand isn't a proper abosorbant for a fuel spillage in any case. If you used it on any decent building site they'd have you off.


So we'd deffo win a court case then Laughing
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Rogerborg
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PostPosted: 17:43 - 11 Nov 2011    Post subject: Reply with quote

It's vaguely possible that some labyrinthine court case backs her up, but it seems more likely that it's just gabblespeak from a semi-trained pointy-hair trying to end a conversation.

Do bear in mind though that the actual blame for the spillage lies with the individual that caused it.

That said, they've doubtless got signs up exhorting customers to report spillages, and putting the sand down would seem to scupper their "don't know, don't care" defence.

But to be sure, you'd have to drop your bike then see them in court. Chances are it'd be a small claim, and unless they've got a very clear precedent from a higher court, I can't see many Magistrates or Sheriffs swallowing "not our responsibility" line.
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Acemastr
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PostPosted: 17:53 - 11 Nov 2011    Post subject: Reply with quote

I've noticed petrol stations seem to be getting worse... what pissed me off yesterday morning was some Tesco worker was cleaning the pump... he had a single cone in the middle of the lane to stop someone pulling in and running him over... but what did he have stuck in the cone?


He has taken the diesel pump out and put the end of the nozzle down the hole in the center of the cone........

I mean seriously... diesel doesn't evaporate... there is always loads of diesel left in the hose/nozzle and it's now on the floor...

felt like going over and slapping the fool.


</rant>
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stinkwheel
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PostPosted: 18:12 - 11 Nov 2011    Post subject: Reply with quote

I think the environment agency AND the HSE would have plenty to say about a known fuel spill not having been cleared up promptly and properly.

I would be utterly amazed if BP don't have a written procedure in place for the action to be taken on being notified of a forecourt diesel spillage in the form of a COSHH assessment for the diesel and a written spills procedure. I'm willing to bet that procedure would not involve just throwing a handful of sand on it. It would most likely involve coning off the area, applying a suitable absorbent material in sufficient quantity to fully absorb the spill, removing the contaminated absorbent material and disposing of it in an appropriate manner.

In other words, you cone the bit off, dump cat litter on it, wait a few minutes, then sweep it up with a brush and shovel. Job done. No more fuel spill.

Incidentally, a friend of mine had an accident exiting a filling station where his bike slipped on a diesel spill, he fell off and was then hit by a car. The filling station were deemed to be fully liable and he received a five figure settlement for the damage to the bike and loss of earnings due to his injuries. The companies own CCTV footage made all the difference.
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Im-a-Ridah
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PostPosted: 20:04 - 11 Nov 2011    Post subject: Reply with quote

Besides, as BP oil spills go, this one is insignificant. The last time they had one they filled a fat chunk of the Atlantic coast Wink
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0l0dom0l0
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PostPosted: 00:45 - 12 Nov 2011    Post subject: Reply with quote

stinkwheel wrote:
I think the environment agency AND the HSE would have plenty to say about a known fuel spill not having been cleared up promptly and properly.

I would be utterly amazed if BP don't have a written procedure in place for the action to be taken on being notified of a forecourt diesel spillage in the form of a COSHH assessment for the diesel and a written spills procedure. I'm willing to bet that procedure would not involve just throwing a handful of sand on it. It would most likely involve coning off the area, applying a suitable absorbent material in sufficient quantity to fully absorb the spill, removing the contaminated absorbent material and disposing of it in an appropriate manner.

In other words, you cone the bit off, dump cat litter on it, wait a few minutes, then sweep it up with a brush and shovel. Job done. No more fuel spill.

Incidentally, a friend of mine had an accident exiting a filling station where his bike slipped on a diesel spill, he fell off and was then hit by a car. The filling station were deemed to be fully liable and he received a five figure settlement for the damage to the bike and loss of earnings due to his injuries. The companies own CCTV footage made all the difference.


See, this is very interesting and it seems that the petrol station are liable once the spillage has been reported.

It's a bit like a spill on the road, the council aren't responsible until it's reported. After that they've got a sufficient amount of time to warn people of the danger and clean it completely.

I do agree with your second paragraph especially though. I really am amazed that in the paper work, written procedure and H&S gone mad world we live in they don't have a proper routine.

Also, if they don't clear the spillage now, how is it ever going to be removed? Are they hoping the rain will wash it away because last time I checked petrol stations had roofs.
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stinkwheel
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PostPosted: 01:27 - 12 Nov 2011    Post subject: Reply with quote

0l0dom0l0 wrote:

Also, if they don't clear the spillage now, how is it ever going to be removed?

On your boots and tyres.

Make sure you tramp as much as possible into the kiosk.
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Martay
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PostPosted: 02:19 - 12 Nov 2011    Post subject: Reply with quote

I work at a well known petrol station, not the one named by the OP i might add.
If theres a spill, it IS cleaned up straight away. If not, then the area coned off. Its really not hard!
We dont have sand, but SpillAid!!! Its a real light white powder that gets everywhere!!
Id report it to H+S Thumbs Up
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Supermotard37...
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PostPosted: 07:44 - 12 Nov 2011    Post subject: Reply with quote

Martay, I work at asda and i just gotta tell you that i also think Spillaid is the shizz-nizz when it comes to cleaning up anything id say it works on 98 percent of the sorta shit we spill on a night at work ive got a bag of it wich my boss let me borrow Cough - Cough Thumbs Up Laughing
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Pete.
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PostPosted: 08:10 - 12 Nov 2011    Post subject: Reply with quote

Quote:
It's a bit like a spill on the road, the council aren't responsible until it's reported. After that they've got a sufficient amount of time to warn people of the danger and clean it completely.


It's quite a bit different. The council wouldn't be expected to know the condition of every bit of their roads and would rely on people reporting spills but the filling station only has a small area to monitor and since they are in the business of tranferring fuel the should be doing it thoroughly and constantly.
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weasley
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PostPosted: 09:07 - 12 Nov 2011    Post subject: Reply with quote

If I were the OP I'd report it to BP. Most stations are franchises, not owned or operated by BP, so they'd be as interested as anybody in what goes on under their name.
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iooi
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PostPosted: 11:23 - 12 Nov 2011    Post subject: Re: BP can't put out signs to warn people of fuel spillages! Reply with quote

0l0dom0l0 wrote:
The other cashier then said in the same way Tesco's won't put down grit if its snowy because they then know its a problem and are liable if someone falls over.

What are people's thoughts ?


And that is a load of rubbish and was proved so in all the snow that fell last December.
Someone had a look into the law, and there is nothing what so ever covering things like this.

If you think about it.... If that was the case then councils would never clear the roads/footpaths... As they would then be liable Rolling Eyes

I would write to head office conplaining about their inability to keep the forcourt safe after a spill.
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Teflon-Mike
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PostPosted: 15:19 - 12 Nov 2011    Post subject: Re: BP can't put out signs to warn people of fuel spillages! Reply with quote

iooi wrote:
0l0dom0l0 wrote:
The other cashier then said in the same way Tesco's won't put down grit if its snowy because they then know its a problem and are liable if someone falls over.

What are people's thoughts ?


And that is a load of rubbish and was proved so in all the snow that fell last December.
Someone had a look into the law, and there is nothing what so ever covering things like this.

If you think about it.... If that was the case then councils would never clear the roads/footpaths... As they would then be liable Rolling Eyes

I would write to head office conplaining about their inability to keep the forcourt safe after a spill.


True; it comes under a 'Duty of Care'.

Its the old 'ignorance is no defence' caveot.

Businesses have a 'Duty of Care' to protect, not just customers but the public at large, from harm from thier property, same as a private individual.

I, as a home owner, have a dodgy gutter over my front door, I really ought to get it looked at, but.... (and here in lies the start of 90% of Duty of Care claims!) doesn't really bother me, just means that when it rains, gutter overflows at the wrong end, and pours down onto my porch and drops onto the drive...

If Postman were to be delivering a letter, or kid stuffing yet another unwanted takeaway menu through my door was to happen to step away from the door as that rain water dislodged tile of porch roof...

I would be liable for damages under Duty of Care, to maintain my property to such standard as 'Reasonably' I do not pose risk or harm to 'the public'....

Sticking up a sign saying 'All visitors do so at own risk' is NO disclaimer, and would NOT limit my liability should a claim be made under duty of care, let alone remove it.

("Cars are Parked entirely at Owners Risk"... another disclaimer that is only a partial liability limiter... may prevent acceptance of liability should another parker hit & run, or the car be stolen from the car-park, but if the car-park isn't 'fit for purpose' and a pot hole causes a cars suspension to be damaged or something, the car-park 'operator' can be sued under both sale of goods and Duty of care... even if its a 'free' car-park... presedent set in case about an old lady that choked on a cup of tea she was bought by a companion apparently undermined that one, along with variouse others where part of a transaction included a 'free gift', or was even a completely free sample")

Anyway; back to tile off my porch roof; If I dont fix it so harm may come to the public, I'm guilty of Negligance. If I know about dodgy tile or not.

If I know about the dodgy tile; then thats negligence to effect repair; If I dont know about it; negligence to inspect for necessary repair.

Meanwhile, it all comes down to what a court would deem 'Reasonable'.

Whether it would be reasonable for me to know of dodgy tile; how often it would be deemed reasonable for me to check for dodgy tiles or undertake 'routine maintenance) and how swiftly I ought to 'reasonably' effect a repair......

HOWEVER; English Common Law, still has SOME 'common sense' and the Duty of Care we all have to ensure our actions and property dont cause harm or hinderence to others does NOT take presedence over our OWN 'Duty of Care' to make 'reasonable' precaution for our own safety and welfare...

So, if the postman trips over on the wonky paving stone on my garden path.... (Err... maybe I ought to do something about that too, some time!... Dangerouse my home, innit!) If he was wearing clowns slippers or Frogmans flippers, or six inch stillettoes..... 'reasonably' she (my postie Is actually a lady..... well..... I THINK she is!)... they have not taken 'reasonable' precautions against tripping and exposed themselves to a greater risk of tripping than needs be, and 'liability' would be based on some % of who was more or less responsible....



PETROL STATION FORECOURT...

Could get complicated. Forecoart operators have Duty of care to protect public, and spills ought to be 'made safe'.

How quickly they should be made safe, and how, is something of an open question; BUT relying merely on customers reporting spills would NOT be deemed sufficient by a court, it would be expected, operating such a business, selling a volatile liquid, in 'bulk' and not in sealed containers, risk of sills is necesserily high, risk of slippage and pottentially fire, also high, and they should be monitoring for such spills at regular intervals. Relying on cashier, watching from the booth, through the window or on CCTV screen, I would suspect would not be deemed sufficient, and a scedule of actual surface inspection, be in place.

I would expect there to be some debate in there about the possible conflicts of the operators Duty of Care to employees and thier safety, going out to perform inspection of spill clean up.... but wouldn't take presedence over them actually doing it.

Meanwhile, customers and visitors to the forecoart would still have thier Duty of Care to look after themselves....

Its a petrol station... they pump petrol and diesel out of hoses.... on a big concrete slab.....

Its going to get spilled.

NO one could suggest it reasonable for customers to expect it to be devoid of spills and a perfect high grip tennis court surface!

And it would be expected that a certain level of 'caution' be applied by customers, whether there are signs, cones, or anything else!

Often the down-fall of many No-Win-No-Fee cases the 'Duty of Care' caveot of common law.... it works both ways!
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