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Posted By paul debney
What would be the possible consequences with regard to Health and Safety Law if a person was to supply a piece of equipment that was above action levels for noise.
The equipment is to be used at the home of a customer.
The equipment is to be used by a company that runs a care home.
This is a question I have been asked by somebody doing nebosh cert.
I have answered that there would be no duty on the supplying company under the hsaw act as the equipment is not being used at work.
The care home would be responsible for their own health and safety.
Is this a trick question?
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Posted By Jonathan Sandler CMIOSH
break the question down into its own section and answer each part.
IE supplying an illegal piece of euipment, as stated in your thread, how do you know it is, just refuse to use it on safety grounds. either that or get a section 60 notice served on you.
What say you?
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Posted By Mark Simpson
Does exceding noise levels make equipment illegal?, I doubt it.
Would the duty not be with the supplier to provide guidance & instruction in the form of a manual perhaps.?
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Posted By Dave Wilson
Onus on the employer under Noiise at work regs etc, manufacturer to reduce noise level of equipment.
If this was true we would not be having aircraft etc supplied
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Posted By Mike Draper
It's not that tricky.
The supplier has a duty under SM(S)R to reduce noise at source to the lowest level, taking account of technical progress and to provide information on the residual risk from noise where this is above 70dB(A). The supplier also has a duty to provide instructions on the safe use of the equipment and its limits of use including prohibitions on reasonably foreseeable misuse. Failure to meet any of these obligations is a crime.
Supply to a consumer comes under the Consumer Protection Act, Sale of Goods Act and the Sale and Supply of Goods to Consumers Regulations. The equipment must be of mechantable quality, fit for purpose, match the description, free of reasonable defects, etc. Failure under any of these gives the consumer the right to make a claim against the supplier, a civil matter. There may also be a criminal prosecution under the CPA PtII by Trading Standards.
Supply to a business comes under HSW s6, i.e. equipment must be safe when set, cleaned, used and maintained, although the responsibility for ensuring this can be transferred to the purchasing organisation through a written undertaking.
It would be the care home's responsibility to ensure the safety of their employees, patients and other visitors where a risk arises from the equipment they use.
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Posted By paul debney
Mike what are SM(s)Regs?
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Posted By David.G.C
supply of machinery safety regulations 1992
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Posted By paul debney
Thanks David
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Posted By Jonathan Sandler CMIOSH
MSR 92 now amended to 2005, see my thread MSR 92.
Hence the reason for my answer.
Regards
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Posted By Adrian Watson
What exactly is the equipment?
It is not illegal to supply noisy equipment, however have you considered The Noise Emission in the Environment by Equipment for use Outdoors Regulations 2001.
Furthermore the limits in the NAWR 2005 do not apply to machines they apply to personal exposures.
Regards Adrian Watson
PS a care home is a workplace.
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Posted By Linda Crossland-Clarke
Hi
Have you considered the General Product Safety Regs?
Regards
Linda
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