Postie bitten 17 times by dogs

[TrueBlueTerrier]

http://www.dunfermlinepress.com/news/ro ... s-by-dogs/" onclick="window.open(this.href);return false;

A WEST FIFE postie who has been attacked 17 TIMES by out-of-control pets on his rounds has welcomed new dog control legislation.

Fed up Garry Haldane (50) says the Control of Dogs (Scotland) Act should help give greater protection to workers.

He backed the legislation, which came into effect last month, following the latest West Fife bite attack - on fellow postie Lorn Donnelly (pictured) who had his flesh torn after being set upon on Monday.

Mr Haldane, a postman for 20 years and a Communication Workers Union (CWU) rep, said, "I was bitten quite badly before on the back of my arm on Blair Drive by a German Shepherd that came out of a house.

"I've been bitten numerous times, in the street and through letterboxes.

"You go onto their territory every day. Dogs are just being dogs - it's the owners' fault.

"I'd like to stress it's them who must take responsibility."

He added, "It does have a lot of consequences (for postal workers) with time off, infections and disability."

Crucially for postmen and women, the Scottish Act replaces the references in the 1991 Dangerous Dogs Act to an offence being committed "if a dog is allowed to be dangerously out of control in a public place" or "a private place where it is not permitted to be" with the straightforward "any place".

That means attacks in gardens could result in negligent owners facing prosecution.

Mr Donnelly (40), a postie for eight years, was attacked by a Collie while making a delivery to a home in Sir George Bruce Road, Oakley, on Monday.

He said, "As I went to the door to put in the letter it came from round the back.

"It had me trapped between the door and the steps. It jumped up and bit me on the right thigh and tore my flesh.

"It's not major but it's still a bite nonetheless and the worst I've had and I've been advised to go to the doctor.

"The owner was shouting at the dog to get in but said nothing to me. I had to walk away 'cos I was raging.

"You shouldn't have to put up with that all the time."

Mr Donnelly said Oakley and Valleyfield were two of the worst places for dogs being allowed to roam free in gardens.

He suffered a previous attack in Crossford when a dog jumped up and bit him on the arm despite being with its owner at the time.

The owner told him the dog had been "scared of the postbag".

CWU general secretary Billy Hayes said, "Postal delivery workers across Scotland will warmly welcome the new protections that the new law provides, as will all public-service workers who have to enter private premises as part of their daily duties.

"Now we need these laws extended throughout the UK."

CWU national health, safety and environment officer Dave Joyce, who has spearheaded the union's campaign for reform, also hailed the new Scottish laws.

"This is great news for Scottish postal workers, telecom engineers and so many other workers," he said.

A Royal Mail spokeswoman said, "Royal Mail takes the safety of its employees very seriously indeed, particularly those staff who deliver the mail.

"Unfortunately, dog attacks are a hazard faced by our postmen and women every working day.

"Our main aim is to prevent attacks and to train staff in techniques to help keep them safe.

"We also need the co-operation of our customers and we encourage the public to take responsibility for keeping their pets under control."

[fishtank]

CWU national health, safety and environment officer Dave Joyce, who has spearheaded the union's campaign for reform, also hailed the new Scottish laws.

Call off the search party...Dave's alive and well.

[Post Off]

"Now we need these laws extended throughout the UK."

What might be more useful is to see that these new laws will actually start working their magic.

[brothermagrew]

Don't bank on it

Being a cwu health and safety rep I took the liberty of firing of a question to the Scottish Government with regards to dogs and the non issuing of a DCN by an authorised officer.

Question asked:

Where the DCN regime permits authorised officers to issue DCNs to irresponsible owners of any dog that have been found to be out of control in any place (including the person's own home) and where an authorised officer could use their discretion and discuss with a dog owner the need to keep their dog under control without actually issuing a DCN and where also the dog owner has the right of appeal.

What then about the rights of the person who has made a complaint in good faith to the local authority with regards to the Control of Dogs (Scotland) Act 2010 where in their estimation a dog is out of control and has again in their estimation met the two-part test requirement for a dog to be deemed as out of control.

Basically what I would really like to know is this - Does a member of the public who has in good faith submitted a complaint to their local authoriity with regards to a dog being out of control, have the right to appeal to that local authority if the authorising officer does not issue a DCN?


Answer received:

Under the Control of Dogs (Scotland) Act 2010 ("the 2010 Act"), the authorised officer can, but is not under an obligation to, serve a dog control notice where they consider a dog has been out of control. The 2010 Act requires that the authorised officer must be satisfied that the two-part test in section 1 of the 2010 Act has been met before a notice can be served. In particular, under section 1(3)(c) of the 2010 Act the authorised officer has to be satisfied that the alarm or apprehensiveness experienced by the complainer would be held by a reasonable person in the circumstances. It is for the authorised officer to make this decision as they are empowered under the terms of the 2010 Act. The 2010 Act does not contain a provision that would permit a person who makes a complaint to the local authority to contest a decision taken by an authorised officer in relation to the (non) service of a dog control notice. However, if a member of the public has continued cause for concern that the dog in question remains ‘out of control’, it would be entirely open for them to report the matter to the local authority for further investigation by the authorised officer.

More generally, local authorities operate as independent bodies, with powers and duties as set out in legislation, and are free to exercise discretion in carrying out their functions and managing their day-today business, providing of course they act within the law. Complaints lodged by members of the public against the actions of a local authority employee would be matters for the local authority to consider in the first instance. Should a member of the public wish to take a complaint further about the actions of a local authority, they could consider pursuing the matter with the Scottish Public Services Ombudsman (SPSO), who can investigate specific allegations where there appears to have been maladministration by the local authority, e.g. not following an agreed procedure, and where no other course of redress is available to the complainant. In saying this, we should stress that SPSO cannot investigate the merits of a decision taken by a local authority if it has followed proper procedures.




Of course each complaint received should be investigated and judged strictly on its own merits.

[Darren Bent]

With 17 attacks from dogs I wouldn't be a postman or demand to work in different department.

[blue1873]

With 17 attacks from dogs I wouldn't be a postman or demand to work in different department.

Maybe the next uniform issue should include a taser?
Nah, then it might look as though RM was on our side

[Post Off]

There doesn't appear to be an easy solution to this problem of personal protection against dog or cat attacks. Short of wearing chainmail armour with a layer of kevlar underneath I don't think there's an awful lot one can do...

Wouldn't it be fascinating though, if someone could construct a piece of clothing that reacts in defence like Porcupine's spines or quills do. Okay, it would be a bit on the hairy side, at first, but I'm sure that once its construction is well understood by all it could then be made to work less hairily.