Posted By Phillipe I received a nice lengthy improvement notice yesterday afternoon regarding one of our premises in the north of England. The crux of the notice is that we have alledged to have contravened Regulation 7 of the Workplace (Health, Safety & Welfare) Regulations 1992 and also Sections 2.2 (a)(c)(e)of the HASAWA 1974. This is all to do with the heat in the premises. 50,000 sq ft environment with air handling unit rather than a/c. Fans and localised mobile a/c are in place. Employees have been given the following advice: relaxed dress code, provision of cold drinks, additional breaks to rest, provision of chairs to sit down if required and also working hours changed to suit needs so earlier starts earlier finishes etc. The premises is running to it's maximum electrical capacity so that means if we were to intoduce a/c a power upgrade would be required at a huge cost without the cost of the a/c equipment. We have estimated a conservative figure of £100,000 to cover this....can anyone tell me that is reasonably practicable to spend that kind of money....I don't think so. In addition the RIDDOR regs require you to report heat exhaustion or unconsciousness as a result of heat exhaustion as a major classification. My interpretation is that is only if the individual is hospitalised for more than 24hrs. Can anyone clarify this for me or have i got that wrong? My question therefor is, are EHO's being reasonable in their expectations of some employers or are they looking to make an example of someone? Your comments would be welcome, thanks Phil

Posted By Phillipe Sorry, should have mentioned that... - provide effective temporary local cooling - which we have done - identify heat sources and isolate/reduce them - we have done - provide rest facilities - we have done - task rotation/breaks and limit exposure to heat stressors - we have done - provide thermometers - we have done - Monitoring of situation - we are doing or take any other measures which are equally effective in complying with the legislation I think we will appeal this...

Posted By terryt I think that you need to do just what you're doing here, argue that you have fulfilled the requirements of the improvement notice - put it down in the form of a risk assessment. There is always the option of appealing. With regard to RIDDOR, I don't think someone has to be in hospital for 24 hours; the section reads: "any other injury: leading to hypothermia, heat-induced illness or unconsciousness; or requiring resuscitation; or requiring admittance to hospital for more than 24 hours;" It says OR requiring admittance to hospital.

Posted By IanD Appeal … you seem to have done what everyone else is doing, there are probably numerous other companies in your position. It is an official heatwave, you are doing what is practicable for the short duration of the heatwave. First have a chat with the team leader / principle inspector and outline your case, if you get no joy then appeal. Regards Ian

Posted By Phillipe Thanks for your responses, all points have been noted and all points you have raised are very much appreciated Appeal is now going ahead

Posted By Martin R. Bessant The response from garyh is offensive and has therefore been removed from the forum. As he has not made his email address visible, I have posted this message with a warning that posting any further similar responses may lead to further action. Martin Bessant - Lead Moderator.

Posted By Ron Hunter By all means lodge an appeal (I believe you have limited time to do this), but why not also write to the issuing Officer explaining and detailing what you have done in terms of compliance, and ask that the Notice now be lifted/withdrawn?

Posted By steven bentham If you feel you have taken all reasonable measures you should write formally, in detail and clearly on how you have complied. Undertake some on site monitoring over the weekend and include that in your letter to show the improvements. copy the letter to their Chief Executive and offer a meeting to deal with any other issues. Provide hot or cool drinks with biscuits and be very nice. If you have complied with the Notice there is no need to appeal as you have satisfied the grounds the notice was served on.

Posted By Tony W My thoughts exactly Steve. I dont think it would take a genius to work out which organisation you are divulging fairly confidential/sensitive information about. Good luck though. TonyW