What the scaffolding contractor desires to understand
by Derrick Corea Technosoft Innovations, IncA scaffolder must be able to prove for every façade scaffold
that it is safe. Many scaffolding contractors are unaware that they are
responsible under criminal and civil law for an accident if this evidence is
lacking.
Which legal bases apply to the safety of facade scaffolding?
And what must scaffolders necessarily know about the responsibility for the
stability of their scaffolding?
Basically, only scaffolding and scaffolding components that
meet the requirements of the Product Safety Act (PrSG) may be used. This is
determined by the Building Regulations Ordinance (BauAV) in Article 37. The
Product Safety Law, in turn, requires that those who place the goods on facade
scaffolding have to prove that they are safe.
But how does that work?
Static proof of the
manufacturer is required
The product safety law stipulates that created facade
scaffolding must at least correspond to the state of the art and the knowledge.
This stand is defined in the standards SN EN 12810 and SN EN 12811. These
standards stipulate that every scaffolding component as well as an entire
scaffolding system must be dimensioned and tested in accordance with the
standard.
Scaffolding manufacturers now use static calculations to
ensure that their facade scaffolding meets the requirements and may be created
by the scaffolder. Therefore, these static proofs must always be available.
If you do not follow
the instructions, you are responsible yourself.
If the manufacturer's proof is available, a scaffolder does
not have to produce his own proof. But this only as long as he adheres to the
construction and use instructions (operating instructions) of the scaffolding
system. Such instructions must be provided in accordance with the standards for
each scaffolding system.
In it, the manufacturer passes on his findings from the
static calculation and the tests by showing how his scaffolding can be safely
constructed. For example, it is described up to which height the scaffold can
be erected or which console extension may be attached to the scaffolding.
Therefore, the scaffolding manufacturer ultimately bears the
responsibility for scaffolding that has been prepared correctly in accordance
with the instructions.
However, as soon as scaffolding is not prepared in
accordance with the manufacturer's operating instructions, the scaffolder
himself becomes the distributor. Then he alone is responsible for his
scaffolding. In this case, he must be able to provide his own proof that it is
safe. This means that he has to have the scaffold computed by a scaffold
construction engineer (civil engineer).
Mixed use of multiple
systems - own proof required
If components of different manufacturers are mixed in a
scaffold, it usually no longer corresponds to a manufacturer's operating
instructions.
In most cases, there is no proof that the scaffold created
is safe. This means that the scaffolder now has the primary responsibility for
the stability and compatibility of the various scaffolding components. He is also
the manufacturer and distributor.
In principle, therefore, a static proof of a scaffolding
designer must be provided for each mixed scaffold.
Accidents can have
expensive consequences
If a facade scaffold collapses, the investigating authority
always demands the static proof. Anyone who, as a scaffolder, cannot
sufficiently prove that the facade scaffold was state-of-the-art, must expect
legal consequences.
If such a collapse still causes harm to people and material,
it becomes steep and expensive. Scaffolding contractors are therefore at great
risk if proof is missing.
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Created on Jun 26th 2019 02:01. Viewed 250 times.