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#1 Posted : 07 February 2006 21:56:00(UTC)
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Posted By Jonathan Sandler CMIOSH Do you think that in this day and age we should worry about wether a risk assessment is signed, if it has been emailed to you. I know the law says yes it should, but should it have to be?
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#2 Posted : 07 February 2006 22:11:00(UTC)
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Posted By RP I suppose its a matter of weather the person will stand up in court and say 'Yes guv, I did the risk assessment'. Its about verifying the evidence presented and onership of proof...beyond reasonable doubt.
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#3 Posted : 07 February 2006 22:23:00(UTC)
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Posted By Jonathan Sandler CMIOSH Interesting point, would then the burdent of proof come down to an admission that the person did send it? Sent but not produced by?
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#4 Posted : 07 February 2006 22:51:00(UTC)
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Posted By Adrian Watson Jonathan, Where does it say that risk assessments must be signed? Regards Adrian
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#5 Posted : 07 February 2006 22:57:00(UTC)
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Posted By Jonathan Sandler CMIOSH I have always been advised that all risk assessments, wether under coshh, 3.1 man regs, 2.2 hasawa must be signed and dated, but please if you know different, advise.
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#6 Posted : 07 February 2006 23:07:00(UTC)
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Posted By Jonathan Sandler CMIOSH In INDG 163 5 steps to risk assessment the document requires to user to sign and date, this therefore, being a legal document, if used in court, can it therefore be argued that all risk assessments would have to be signed? as this is a legal document.
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#7 Posted : 07 February 2006 23:13:00(UTC)
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Posted By Adrian Watson Jonathan, I wasn't trying to catch you out, I thought I had missed something! The management reg's states that: 3.—(1) Every employer shall make a suitable and sufficient assessment of— (a) the risks to the health and safety of his employees to which they are exposed whilst they are at work; and (b) the risks to the health and safety of persons not in his employment arising out of or in connection with the conduct by him of his undertaking, for the purpose of identifying the measures he needs to take to comply with the requirements and prohibitions imposed upon him by or under the relevant statutory provisions. ... (4) Where the employer employs five or more employees, he shall record— (a) the significant findings of the assessment; and (b) any group of his employees identified by it as being especially at risk. Like you I always sign, but I've always considered it to be good practice not a legal requirement. Many Regards Adrian
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#8 Posted : 07 February 2006 23:20:00(UTC)
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Posted By Jonathan Sandler CMIOSH Adrian, But do you like the argument re 5 steps? yes agreed that it makes good practice, but would you accept an emailed risk assessment? Regards
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#9 Posted : 07 February 2006 23:35:00(UTC)
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Posted By Anthony Slinger I cannot find any reference were the law says that risk assessments have to be signed. Jonathan, you refer to INDG 163 and say that this document “requires” a date and signature. Having read INDG 163, the only reference is a signature box on the example template. Remember this is only guidance. As Adrian has highlighted, there is no mention in the Regulations or supporting ACOP requiring a risk assessment to have a date or signature; however the ACOP does suggest that the period of time that the risk assessment remains valid should be identified. Practically, it is a good idea to date the assessment and record a review date. The Employer is ultimately responsible for having a suitable and sufficient risk assessment, regardless of who signs it.
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#10 Posted : 08 February 2006 08:25:00(UTC)
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Posted By Jonathan Sandler CMIOSH Can not an ACOP by used in court as evidance? should therefore risk assessments, whether under section 2.2 (record) 3.1 (Carry out) or 6 (COSHH) and what about PPE? (training); be signed and dated?
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#11 Posted : 08 February 2006 09:02:00(UTC)
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Posted By Phillipe Surely it is simply good practice to sign and date the risk assessment that has been undertaken? From my experience this has always been something that enforcement officers have made comments on in the past, usually that it is out of date, swiftly rebuked of course in my reply as it is me that decides when they need reviewing and not them.
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#12 Posted : 08 February 2006 09:07:00(UTC)
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Posted By Robert K Lewis There is a useful Proprties option in the "File" area of most software and this can tell you some awfully useful information on the history of the document. Denial of authorship then becomes a bit problematic. These days a copy of the email transmission attached to the printed assessment is likely to be sufficient. Store the posting electronically also. Even the courts are beginning to come round to such practices. I do, however, see it as important that the persons using the assessment have signed a record somewhere that they have read the document, at the current revision level, before they undertake work. Bob
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#13 Posted : 08 February 2006 09:11:00(UTC)
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Posted By Anthony Slinger We can assume that the proverbial has hit the fan and a particular risk assessment for a particular task, written by somebody on behalf of the Employer e.g. supervisor, H&S advisor, etc is under the scrutiny of a Judge who will decide if said risk assessment is “suitable and sufficient”. If the ACOP had been adhered to during the risk assessment process and was deemed suitable and sufficient, no problem. My point is that there is no legal requirement for the assessor to sign the assessment because the Employer is responsible for undertaking a suitable and sufficient risk assessment weather they themselves wrote it or not, because if they have not written it, they should at least approve or be aware of the risks and control measures being implemented by an employee. Although, practically I do put my name to risk assessments if only for reference purposes. So going back to the original thread I would not worry if a risk assessment was not signed but it should have a date when it was approved/written and a review date
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#14 Posted : 08 February 2006 12:54:00(UTC)
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Posted By Ron Hunter A half-decent scanner costs £40. It takes minutes to scan and bitmap a signature, and a lot less to cut and paste this onto any document. I can't see that this has to be an issue.
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#15 Posted : 08 February 2006 12:59:00(UTC)
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Posted By Richard Altoft as an international auditor redardless of the legal system a risk assessment is produced under I look for the assessor (team or individual etc) being identified not necessarily a signature so I can check on competence and authenticity (not just cribbed etc) and also a date so I can be sure the risk assessment in the workplace is the latest one and not unreasonably old or it has not been left unrevised after some reason arose that suggests it should be revised such as an accident that showed risk assessment was not suitable and sufficient. Also good control of documents practices suggests that ref numbers, contact numbers for queries and revision status are also useful. R
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#16 Posted : 08 February 2006 13:22:00(UTC)
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Posted By Mark Talbot What has been written about ACOPs is broadly correct. However, "5 Steps" is a leaflet, not an ACOP. The ACOP issued with the Mngmt Regs does not include any requirement to sign, and indeed says that electronic form is fine (they would recognise that at a normal user level, these documents would not be signed in the traditional meaning). Good practice to sign them (I always require them to be signed and dated for all the good reasons mentioned above by others) - but not a legal requirement per se. From "5 Steps": This leaflet contains notes on good practice which are not compulsory but which you may find helpful in considering what you need to do.
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#17 Posted : 08 February 2006 15:38:00(UTC)
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Posted By Jonathan Sandler CMIOSH thank you for making this a very worthwhile thread, but nobody has yet answered the qestion, do risk assessments have to be signed and dated or will an email be acceptable?
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#18 Posted : 08 February 2006 16:01:00(UTC)
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Posted By EE Personally I do NOT think there is a legal obligation for the author to sign the risk assessment. What we do - is name the author + review team in the latest version & get the operational manager & the affected employees to sign off the review / acceptance of the risk assessment as well. This improves acceptability of the assessment & shares the mitigation.
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#19 Posted : 08 February 2006 16:12:00(UTC)
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Posted By Anthony Slinger My opinion is:- • Do risk assessments have to be signed? No, but a name is useful for reference. • Do risk assessments have to be dated? Yes, but only to indicate the period of time the assessments remains valid until review. • Will an email be acceptable? Yes, so long is it includes the above.
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#20 Posted : 14 February 2006 22:44:00(UTC)
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Posted By Stuart Nagle All. I agree with many of the comments; in that there does not appear to be any legal requirement for a signature to appear on a risk assessment. I would however venture that the person carrying out the risk assessment, unless this is indicated by another means, should have their name appear on the assessment or there is no evidence to support who undertook the assessment or reviewed it, where the element of competency to undertake the assessment kicks in.... Again, this would be good practice as there is no legal requirement I can find to put a name on it either. in respect of emailing assessments, there is already legal precident set by the courts that accepts emails as being as legal and binding as forms of communication set down on paper and signed (e.g. contracts etc), and I would expect that this would logically extend to any attachments to emails, such as a risk assessment, that was forwarded from one party to another and being directly related to the content of email - the task in hand, as one presumes this would be indicated in the email sent from an identifiable person to another. Stuart
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#21 Posted : 14 February 2006 23:04:00(UTC)
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Posted By Adrian Watson Jonathon, There is no duty to sign and date, but it is good practice. Regards Adrian
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#22 Posted : 14 February 2006 23:22:00(UTC)
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Posted By Jonathan Sandler CMIOSH Ok so then why does the 5 steps say sign in box?
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#23 Posted : 15 February 2006 08:23:00(UTC)
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Posted By Stupendous Man I thought the five steps was more of a basic guide to get people to take their responsibilities seriously. If that is the case, a requirement for a signature on a piece of paper often gets the 'signee' to take some interest in what they are putting their name to.
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#24 Posted : 15 February 2006 08:58:00(UTC)
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Posted By Jerry Lucey Goodmorning Jonathan, I don't feel that it is necessary to have risk assessments signed, however there has to be some process whereby those allocated actions under a risk assessment accepts that action. In my opinion a signature demonstrates the responsible manager's acceptance of the risk assessment. A minuted meeting attended by those who have responsibilities under the risk assessment with those present accepting the risk assessments would be acceptable. I would suggest that if this is the preferred option that the meeting minutes be attached to the same mail as the risk assessment(s) discussed. An e-mailed risk assessment makes those concerned aware that a risk exists but does not demonstrate their acceptance of the risk assessment carried out and this does need to be verified.
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#25 Posted : 15 February 2006 09:01:00(UTC)
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Posted By Jonathan Sandler CMIOSH Jerry, as always the wisdom and practical approach from you. Thank you. Regards
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#26 Posted : 15 February 2006 10:15:00(UTC)
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Posted By AlB As has been said, Risk Assessments do not need to be signed from a legal standing, but it is useful in the event of a court case or other legal proceeding in that is identifies beyond reasonable doubt who the author was, but that is just suggested good practice. My bug with Risk Assessments is that the actual Risk Assessment, once written, means nothing - it's the actions taken following the identification of risks that is important. At the end of the day, if a risk assessment is not conducted thoroughly enough, then it doesn't matter who prepared it - it's still inadequate. The identification and competence of the person carrying out the risk assessment should have been established BEFORE the risk assessment was even written.
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