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#1 Posted : 08 March 2004 13:42:00(UTC)
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Posted By Darren Routh I work for a company providing installation projects and services to the food industry. The site works, typically electrical & mechanical installation are generally subcontracted out with one of our engineers on site to supervise. The subcontractors provide there own method statements and risk assessments for their scope of work, which are then compiled into our own main health and safety booklet which is submitted to the client. On occasion we also have to write our own risk assessments to cover our activities on site. I would like to be able to find some further information regarding liability of the supervising engineer as generally it is there name on the info submitted to the client and on the clients permit to work. Also is there a qualification requirement for the engineers to write the risk assessments in the first place. All our engineers have the IOSH-SPA passport accreditaion, is this enough? Could anybody give me any pointers to additional resources of information on this subject, or offer any further points of view. Thanks in advance.
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#2 Posted : 08 March 2004 19:23:00(UTC)
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Posted By Steve Sedgwick Darren I will answer one of of your questions I am sure others will answer the other 2. It is the employer’s duty to carry out an adequate, suitable and sufficient risk assessment as stated in the Management of Health and Safety at Work Regulations (Management Regs). That duty cannot be delegated to others, so if you do it, or your supervising engineer does the risk assessment the responsibility still ultimately rests with the employer. The employer can delegate the task of assessing the risk, but not the legal duty. You do however have a duty to assist the employer in carrying out his legal obligations. Steve
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#3 Posted : 08 March 2004 20:22:00(UTC)
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Posted By Stuart Nagle Darren. As the respondent above states, the employer has a duty to carry out a risk assessment in respect of all tasks in the workplace, and to record the significant findings. There is also a requirement for the employer to be assisted by persons who are competent and to have competent health and safety advice. In this respect, when undertaking any health and safety related tasks, the person doing so should, even if a qualified health and safety professional, be able to realise the limitations of their knowledge and experience, and if necessary seek the assistance and advice of others, e.g. engineers in respect perhaps of technical details of the process(s) to enable a competent assessment to be undertaken. In respect of signing assessments, the person delegated by the employer, usually the competent health and safety assistance as referred to above, will sign the assessment. As stated, in the response above, this does not relieve the employer of their legal duties, nor, to any lesser or greater degree, does it place the onus of responsibility on the competent health and safety assistance. What is important is that the assessment undertaken considers all the inherent issues concerned, including tasks, the individuals (and consults them as well), the environment, plant and equipment, machinery, processes, etc..etc... and records the significant findings, the control measures required and that this information is made known to all persons who may be affected in the undertaking as well as others who may be affected e.g. visitos, members of the public etc. Provided that the full requirements have been complied with and everything reasonably foreseeable has been accounted for, and of course the information, instruction and training provided, and safe systems of work implemented, then it would seem that the issue is covered... A few things I have learnt in doing risk assessments: 1) Never be affraid to ask 2) Always be prepared to acknowledge that you need the assistance, knowledge and experience of someone else - realise your own limitations 3) Always discuss the assessment, what you are doing, why and for what purpose with the persons involved in the work, you'll get some insight (and probably a few moans as well) which is well worth listening to 4) Don't rush it - stand back and think outside the box!! 5) If it involves engineering, talk to the engineers involved - ask open questions that draw responsive and explainative answers - if there is something you don't know - don't just nod, tell them you don't know and ask for it to be explained, they will appreciate this more than if you go back and ask the same question again, or say you know when it is obvious to them you don't!! 6) let someone else run the rule over your draft assessment and ask for constructive critism 7) Ensure the control measures are reasonably practicable, achievable, and where possible represent best practice 8) Ensure the findings of the assessment are made known to those involved at all levels, and included in any information, instruction and training... 9) and finally... try and ensure the language used in the assessment is understandable by all who may need to read and understand the assessment.. End of lecture... Regards... Stuart
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