At a meeting with the ABTT held on the 3 December, the HSE explained that research that they have carried out indicated there were potential occasions when such a practice could cause the Tallescope to topple and thereby seriously injure the technician in the cage or those on the stage. This research follows on from similar, but not exactly the same, research, carried out on behalf of the ABTT. Therefore, the HSE considered that they would not change their position or advice until such time that it could be shown that their research had produced an erroneous conclusion or the statistical risk of an accident could be reassessed.
Having seen the confidential report, the ABTT is content that the conditions necessary to produce this instability will be rarely, if ever, met whilst operating the Tallescope in accordance with the ABTT's proposed guidance; that is to say always with the outriggers deployed no more than 30mm off the floor, always only on a flat stage, always using trained operators fully aware of the dangers involved and always moving the Tallescope slowly and carefully. This the ABTT regards as self-evident given the complete lack of accidents when Tallescopes have been used in this manner.
Mark White, chairman of the ABTT said: "Until such time as the two engineers' reports are tested against each other and an acceptable level of risk is determined, users of Tallescopes should be aware that a prosecution may result from moving a Tallescope with a technician in the basket. Individual managers, however, may well consider the steps they have taken are sufficient to prevent the occurrence of an accident as reflected in their risk assessment and work method statements. This they may also consider, would constitute a reasonable defence in the eyes of the employment tribunal were a Prohibition Notice appealed against."
(Jim Evans)