The risk assessment route is very dangerous. There is a temptation for a person to do a risk assessment with blinkers on to "justify" failure to comply with the law. The overhead guard not only protects from falling objects, and that does NOT just mean the load or part thereof that becomes displaced at height. Further you have to consider the protection the rear overhead guard legs give to the operator who inadvertently reverses under something like a truck trailer........had to deal with one of those 30 years ago, very messy...
HSE will not give specific advice for fear of prosecution, read the disclaimers at the beginning of acops! You are just as guilty if you do a risk assessment and it is proved wanting when someone gets injured as not having done one at all.
You should be very careful suggesting that people can risk assess their way out of compliance as the mood suits.
As a "LOLER inspector" would you view the risk assessment and comment on its suitability?, state what standards are applicable? or???? Your choice of answer may entitle you top a cheap suit with arrows on it, or entitle you to enjoy sun and fresh air when it pleases you.
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