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...he shall record the significant findings.....
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Posted By Alan Higgins
Recently I was invited to look around an engineering workshop with about 10 employees. As regards health and safety it was in remarkably good shape and there was almost nothing by way of further improvements which I could recommend. The one failing however was that there was no written record of the significant findings of the employer’s risk assessments. It was clear that risk assessments had been carried out – otherwise how had they managed to get the workshop into such good shape – it was just that nothing had been committed to paper.
This was clearly a breach of Regulation 3 of the Management Regulations but how serious a breach was it? Was it just a technical breach, perhaps the health and safety equivalent of driving at 32 mph in a 30 mph zone?
Any thoughts?
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Posted By Chris Matthews
I have found that good health and safety practice can be reflected and well documented through equally as good quality management systems.
Its a shame when a company puts in the effort, then falls down on the documentation. Perhaps you could suggest they review their QMS, or go for the ISO accreditation, they would gain all ways round (as long as their QMS was adhered to of course).
Chris Matthews
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Posted By shaun allport
Hi Alan,
look at it this way.......
A stropy policeman would see 32mph as speeding
A HSE inspector would see it as a breach of regulations as the company had over 5 employees
It is a shame.......they seem to have done the hard work
regards
Shaun
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Posted By Alan Higgins
I agree, the young and inexperienced HSE inspector might see it as an opportunity to issue an improvement notice, and the workshop could probably produce the necessary documentation without too much trouble. But what difference would it make to the standards of health and safety in the workshop given that they have already got a very good grasp of the important health and safety issues? It’s got me thinking….what is the point of having to record the significant findings?
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Posted By Martin Taylor
It is important that risk assessments are not seen as a paper work excercise.....but don't lose site of their value.
Their value as a record of how the current good arrnagements have been established (so that all future developments can evolve in the same way).
They provide a record for training new personel - these are the safety rules and methods and these are the reasons
They provide a record in the case of key managers leaving the works - perhaps the good quality is all down to one man - if he leaves?????
And of course they provide the evidence in the (unlikely) event of insurance claims or HSE visit.
But remember the other part of the reg - risk assessments should be 'suitable and sufficient' - in the cae described the assessment should list the dangers present and the controls in place - surely not a major excercise for a company who have made the effort to achieve high standards already.
Martin
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Posted By Ken Taylor
When a serious accident occurs (even if it's entirely due to the misconduct of an employee) and the HSE arrive you will find that they will look into everything and produce a list of missing 'paperwork' for the ensuing prosecution. If there's no evidence of risk assessments (including manual handling, COSHH and fire), I strongly suspect that there will be no evidence of adequate job descriptions, induction training, ongoing training, safe working procedures, instructions in safe working, etc.
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Posted By jackw.
hi I agree with most of what has been said. And yes it is a pity that they have adressed the practcal aspects of H&S but not recorded it. To follow on to Kens point about theHSE post an accident. Don't forget our good old "friends".. the no win no fee lot. No documentation = no proof they acted safely.. gave induction etc. etc. Afraid it would be give them a cheque day.
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Posted By Melanie Torrance
Personally I would not issue an improvement notice for this immediately. I would give them a timescale in which to provide me with the written RAs, and if they did not comply with that, then issue an IN. If they did comply, all well and good.
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Posted By keith molyneux
It is obvious that "significant" findings should be recorded and the paperwork would in this situation be minimum, assuming everything has been considered, again document what has been considered.
This would then be a document that could be systematically reviewed or audited at a later date, or in the event of an accident, to check that it is still suitable and sufficient.
If circumstances change and an incident occurs it would be extremely difficult to prove this. I think this is when documentation proves its worth.
Keith m
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Posted By Alan T
Alan
I believe your client must produce the documentation to show the thought process that achieved what you saw. If they need any nudge there is plenty of evidence of indefensible prosecutions and claims after an accident.
I do believe though that the majority of inspectors would if visiting the premises at random only gives advice as long as no blatant no no's were taking place and the management of the premises was actively trying to stay within the law.
Alan T
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Posted By garyh
I take the view that this might seem "OK"; your HSE Inspector might even take a relaxed view, but of course not in writing. Until the day comes when your have a RIDDOR reportable accident / incident and He/She comes in to investigate........then they will want to see the paperwork.
My advice - formalise these, even to the extent of calling it a review and mention being unable to locate any original paperwork; involve everyone relevant and record their involvement. You only have to record the significant findings, not every detail.
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Posted By Alan Higgins
Thanks for the comments. This is a small company made up of a group of people who really do know what they are doing and who take a great pride in the stuff they turn out. Not my “client” by the way – I got a chance to look around the workshop because I was interested in what they produced. While there I mentioned that I was in health and safety and that I was impressed by their set up. I am not acting as their adviser, it just got me thinking about the value in their circumstances of the paperwork.
I do not disagree with the comments here that they need to document the “significant findings” if only to square off the regulator and to keep the insurers happy. It’s just that I can see that it will make not one bit of difference to the already high health and safety standards in the workshop.
Do you think they could get away with a really minimalist approach for the significant findings as below?
“Hazards and risk control measures are as HSG129 (Health and safety in engineering workshops). Existing measures are considered to be adequate”
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Posted By Stuart Nagle
Alan.
Risk assessment recorfds are 'evidence' in a court of law, where, as you probably know in respect of health safety you are guilty until you can prove you do everything so far as is reasonably practicable to prevent a thing happening....
You say the workshop is in good nick.... does it:
Have instructions and operating procedures for all machines
Are all guards in position and operational, employed whilst work ongoing and not overcome or removed etc...
Is there adequate LEV and is it tested, where are the records of test, can it be employed local to generation gas fume and vapour etc (i.e. on the bench)
are fire extinguishers present, tested and in good condition, fulland fit for purpose
do you have metal cuttign bandsaws, what provision are there for braking blades, is metal working fluid used, are there COSHH assessments for the fluid and controls when in use,
do you have any seconhand equipment, does it comply with requirements for marking and safety, including instructions and operating manuals ect....
In my experience there are few workshops that comply really well with H&S provisions, buting perfect wopuld be one that was not used but just looked nice....
Nice to hear someones making progress, but yes.... risk assessments are required and of course also need review and updating etc...
My final words of experience are that they do actually often have them, but either can't find them, have not reviewed them so lose them, or have recognised their so woefully inadequate they have been binned and wanted to start again, but its been overtaken by the pressure of work, and so has not been done...
Keep up the good work ....
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Posted By J Knight
I just wish people would stop seeing speeding as anything other than inexcusably bad driving, especially in urban areas.
Yes, it's a day for the soapbox.
On the subject of the main theme, I agree very strongly with Stuart's opening statement (as well as the other stuff he says); you never know when you might need evidence in court. How long would it take them to write it down, when all's said and done,
John
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...he shall record the significant findings.....
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