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| 0l0dom0l0 |
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 0l0dom0l0 World Chat Champion

Joined: 21 Oct 2009 Karma :  
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 Posted: 16:27 - 11 Nov 2011 Post subject: BP can't put out signs to warn people of fuel spillages!!??. |
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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 ? ____________________ CBT Passed: 30/08/2009, Theory Passed: 31/08/2010, Mod 1 Passed: 6/9/2010, Mod 2 Passed: 13/09/2010. Restriction ended 13/09/2012.
Bikes: 2007 Derbi GPR 50, 1998 Yamaha Fazer 600 (written off), 2002 Yamaha Fazer 600, 1994 CBR 600F, 2003 Triumph Daytona 600, Kawasaki ZX6R J1.....Current: 2006 Yamaha FZ6, 1998 Suzuki TL1000R and a Honda VFR 400 NC30. |
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| Im-a-Ridah |
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 Im-a-Ridah World Chat Champion
Joined: 20 Oct 2006 Karma :   
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| Sam_Y_93 |
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 Sam_Y_93 World Chat Champion

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| 0l0dom0l0 |
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 0l0dom0l0 World Chat Champion

Joined: 21 Oct 2009 Karma :  
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 Posted: 16:51 - 11 Nov 2011 Post subject: |
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| 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. ____________________ CBT Passed: 30/08/2009, Theory Passed: 31/08/2010, Mod 1 Passed: 6/9/2010, Mod 2 Passed: 13/09/2010. Restriction ended 13/09/2012.
Bikes: 2007 Derbi GPR 50, 1998 Yamaha Fazer 600 (written off), 2002 Yamaha Fazer 600, 1994 CBR 600F, 2003 Triumph Daytona 600, Kawasaki ZX6R J1.....Current: 2006 Yamaha FZ6, 1998 Suzuki TL1000R and a Honda VFR 400 NC30. |
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| chris-red |
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 chris-red Have you considered a TDM?

Joined: 21 Sep 2005 Karma :   
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| shereen |
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 shereen World Chat Champion

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| 0l0dom0l0 |
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 0l0dom0l0 World Chat Champion

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| doggone |
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 doggone World Chat Champion

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| Im-a-Ridah |
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 Im-a-Ridah World Chat Champion
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| 0l0dom0l0 |
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 0l0dom0l0 World Chat Champion

Joined: 21 Oct 2009 Karma :  
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 Posted: 17:24 - 11 Nov 2011 Post subject: |
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| 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. ____________________ CBT Passed: 30/08/2009, Theory Passed: 31/08/2010, Mod 1 Passed: 6/9/2010, Mod 2 Passed: 13/09/2010. Restriction ended 13/09/2012.
Bikes: 2007 Derbi GPR 50, 1998 Yamaha Fazer 600 (written off), 2002 Yamaha Fazer 600, 1994 CBR 600F, 2003 Triumph Daytona 600, Kawasaki ZX6R J1.....Current: 2006 Yamaha FZ6, 1998 Suzuki TL1000R and a Honda VFR 400 NC30. |
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| Pete. |
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 Pete. Super Spammer

Joined: 22 Aug 2006 Karma :     
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 Posted: 17:32 - 11 Nov 2011 Post subject: |
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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. ____________________ a.k.a 'Geri'
132.9mph off and walked away. Gear is good, gear is good, gear is very very good  |
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| 0l0dom0l0 |
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 0l0dom0l0 World Chat Champion

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| N cee thirty |
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 N cee thirty Banned

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| Rogerborg |
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 Rogerborg nimbA

Joined: 26 Oct 2010 Karma :    
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 Posted: 17:43 - 11 Nov 2011 Post subject: |
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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. ____________________ Biking is 1/20th as dangerous as horse riding.
GONE: HN125-8, LF-250B, GPz 305, GPZ 500S, Burgman 400 // RIDING: F650GS (800 twin), Royal Enfield Bullet Electra 500 AVL, Ninja 250R because racebike |
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| Acemastr |
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 Acemastr World Chat Champion
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| stinkwheel |
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 stinkwheel Bovine Proctologist

Joined: 12 Jul 2004 Karma :    
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 Posted: 18:12 - 11 Nov 2011 Post subject: |
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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. ____________________ “Rule one: Always stick around for one more drink. That's when things happen. That's when you find out everything you want to know.”
I did the 2010 Round Britain Rally on my 350 Bullet. 89 landmarks, 3 months, 9,500 miles. |
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| Im-a-Ridah |
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 Im-a-Ridah World Chat Champion
Joined: 20 Oct 2006 Karma :   
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 Posted: 20:04 - 11 Nov 2011 Post subject: |
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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  |
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| 0l0dom0l0 |
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 0l0dom0l0 World Chat Champion

Joined: 21 Oct 2009 Karma :  
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 Posted: 00:45 - 12 Nov 2011 Post subject: |
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| 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. ____________________ CBT Passed: 30/08/2009, Theory Passed: 31/08/2010, Mod 1 Passed: 6/9/2010, Mod 2 Passed: 13/09/2010. Restriction ended 13/09/2012.
Bikes: 2007 Derbi GPR 50, 1998 Yamaha Fazer 600 (written off), 2002 Yamaha Fazer 600, 1994 CBR 600F, 2003 Triumph Daytona 600, Kawasaki ZX6R J1.....Current: 2006 Yamaha FZ6, 1998 Suzuki TL1000R and a Honda VFR 400 NC30. |
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| stinkwheel |
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 stinkwheel Bovine Proctologist

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| Martay |
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 Martay World Chat Champion
Joined: 20 May 2009 Karma :     
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 Posted: 02:19 - 12 Nov 2011 Post subject: |
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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  ____________________ Eat well, poo hard
Drives: Cavalier 2.0 16v
Rides: Slightly ratted Honda City Express  |
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| Supermotard37... |
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 Supermotard37... Scooby Slapper

Joined: 31 May 2011 Karma :     
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 Posted: 07:44 - 12 Nov 2011 Post subject: |
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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  ____________________ Fuck off..!! "You absolute contraception malfunction" |
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| Pete. |
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 Pete. Super Spammer

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| weasley |
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 weasley World Chat Champion

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| iooi |
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 iooi Super Spammer

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| Teflon-Mike |
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 Teflon-Mike tl;dr

Joined: 01 Jun 2010 Karma :    
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 Posted: 15:19 - 12 Nov 2011 Post subject: Re: BP can't put out signs to warn people of fuel spillages! |
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| 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
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! ____________________ My Webby'Tef's-tQ, loads of stuff about my bikes, my Land-Rovers, and the stuff I do with them!
Current Bikes:'Honda VF1000F' ;'CB750F2N' ;'CB125TD ( 6 3 of em!)'; 'Montesa Cota 248'. Learner FAQ's:= 'U want to Ride a Motorbike! Where Do U start?' |
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Old Thread Alert!
The last post was made 14 years, 64 days ago. Instead of replying here, would creating a new thread be more useful? |
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