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Posted By Lee Mac Hi All,
A HSE Inspector stated that he did not have to undergo an induction when he recently visited one of our construction sites.
Is this normal procedure for an inspector and if so, why?
Lee
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Posted By Clarke Kent the 2nd If the inspector (or anyone for that matter) remains with the site manager or other site operative at all times then there's no need for and induction. I wouldn't have thought anyone would let a HSE inspector take a site tour on their own.
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Posted By Jason911 Employees at some of our locations sometimes question why I, as H&S Manager should not fill out a permit to work when visiting the roof etc. My answer is always the same in that if I in my current role am not aware of the precautions then who is?
yes, yes I know I could trip up and no one would no I was up there, but I always take precautions against that. Personally I would apply the same logic to any authority inspector, but it would be interesting to hear from any inspectors exactly what their interpretation of this would be, if say they went on site and were subsequently hit by a forklift or fell through a roof skylight, without having had an induction or completed a permit to work for example, whether refused or simply not offered as presumed unnecessary?
Jay
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Posted By Peter MacDonald Jason
Not sure your argument stands up to scrutiny. I would imagine the guys working on the roof have an pretty good if not better idea of the hazards up there than you. Why not show a good example and at least sign on to the permit.
I refused entry to a HSE inspector on my site once as he did not have the appropriate PPE on for the risks on site (land remediation). He came back kitted out and got on. We gave him an induction too. He was pleased that we stood our ground (in a polite fashion)and accepted that the induction was required to fully understand the site hazards and set up.
I've refused entry to MD's as well with incorrect PPE. Practice what you preach.
Pete
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Posted By Bob Youel
induction is best practice and yes the closer to a 'buddy' a visitor is the better as HSE etc inspectors do have accidents
If the visit is of v-short duration in a lower risk area make the induction fit the situation
additionally where people see that some are inducted and others are not it can create problems
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Posted By Clarke Kent the 2nd Totally agree with practice what you preach, I think perhaps jason's approach was irresponsible and you should lead by example, gaining access to a roof space which requires a permit is somewhat different to be accompanied around a site.
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Posted By Lee Mac Some interesting points there lads.
Firstly HSE inspector entered site without reporting to site office- he decided to go ahead with his duties without an escort. We have men working at the site entrance and they saw HSE emblazoned on the hat and obviously felt they should have given him a wide berth.
Totally appreciate, as an inspector he should be aware of the hazards, but lets be honest here, I as a EHS manager may be aware of the hazards associated with my sites, but I am not going to be 100% sure of the guy's next door e.g. fire assembly points, first aiders, contamination etc.
I always when I enter another company's site report to the site office for an induction.
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Posted By Descarte I was under the impression "the Health and Safety executive have the right to enter premises and will and may insist on going directly to an area where they feel imminent danger is likely"
However I would expect them to undergo an induction if this was not the case
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Posted By ITK If you were preventing the inspector to go on site this could be seen as obstruction.
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Posted By Arran Linton - Smith It is simple. If they are in possession of a warrant card, you cannot stop them, however if you are unhappy about them attending site, you are at liberty to identify this.
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Posted By Adrian Watson Dear Arran,
Your message "It is simple. If they are in possession of a warrant card, you cannot stop them, however if you are unhappy about them attending site, you are at liberty to identify this." is not quite right.
Whilst, I agree you cannot obstruct an inspector, you can insist that the inspector follow your site rules if this is required for you to comply with a legal duty.
Sect 7.(b) states that:
It shall be the duty of every employee while at work— (b)as regards any duty or requirement imposed on his employer or any other person by or under any of the relevant statutory provisions, to co-operate with him so far as is necessary to enable that duty or requirement to be performed or complied with.
Therefore if a site induction is required then the inspector should have one. If the inspector refuses the inspector is committing a breach of Sect 7. (b) of the Act!
I would therefore refuse entry unless he complied and I would also make a formal complaint to his manager.
Regards Adrian Watson
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Posted By Barry Cooper Wherever I go as H&S Manager, if a permit is required I always comply. As many have said, lead by example, otherwise "A rule for one......"
Barry
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Posted By Pete48 Lee, "Is this normal procedure for an inspector and if so, why?"
One would hope this is not normal practice for inspectors if only from a politeness standpoint. Equally one would hope that site managers are not slavishly following one size fits all rules for safety on site that require everyone to follow the same path with regard to site induction or carry a particular pattern of card.
In 99.9% of cases, there is no obvious reason for an inspector not to be polite and work in partnership with employers.
I would suggest that in 99% of cases a short chat with the inspector on arrival would constitute adequate control onto site. Unless of course you felt that the inspector had not understood or did not have the expertise to be allowed on site without a full induction??? Now that would be an interesting conversation to eavesdrop.
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Posted By Paul Duell I would at the very least give him a brief rundown on fire alarms, etc. In any case as we're a food production facility we'd have to give him the "don't touch anything without asking first, as it may be very hot even if it doesn't look it" spiel.
As for Jason's "PTW" point - I always make sure I'm absolutely squeaky clean on site rules. If I'm not, how can I expect anyone else to be?
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Posted By Paul Duell I got a bit lost in my last comment - the "don't touch" etc comment is about food hygiene, not hot surfaces!
Perhaps another cup of coffee before I do anything else...
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Posted By Ian D. Hi I have been in H&S 13+ years in coal mines, top tier comah sites and now manufacturing. I have never put a HSE inspector through an induction. I have always treat them as a visitor who are accompanied at all times. More to the point I have never been challenged on this policy by an inspector. If I was not complying with basic rules and inductions where expected, I am sure that they would have pointed this out. Whats the problem?
Regards
Ian
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Posted By Jason911 Superman
Are you seriously suggesting that each time I go up on my own roofs, which i designed all the safe systems of work for, that i complete a permit to work. (About 5 a week)?
Perhaps I should have said that I have a blanket permit to work held at head office and I never go alone, but what is a permit to work if not in the most part an advisory notice of the hazards of the roof, each one I am more than well aware of and completed the risk assessments for?
Jay
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Posted By Jason911 Paul,
Do you sit down with yourself and advise yourself of the emergency procedures each time you visit a site as well?
Jay
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Posted By J Knight Hey Folks,
Adrian's right, you know. I remember reading a post on this very forum from one of the principal H&S Inspectors for Doncaster, and he said that the one circumstance when it was possible to deny an Inspector access would be if they would thereby be at serious risk. He was putting it in the context of radiation rooms and stuff like that, so it obviously would have to be more than the 'normal' site hazards, but it is possible to tell them they can't go somewhere,
John
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Posted By Delwynne One of our site supervisors challenged an HSE Inspector regarding this exact point & asked him (politely) to either spend 10 mins having a quick briefing regarding the works in the area or to observe them from outside the area.
The Main Contractor nearly had a fit but the inspector was extremely complimentary of the supervisors attitude.
I would completly agree with those that have stated you should lead by example.
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Posted By Jason911 Exactly and surely that is because unless they are in a nuclear power plant for example they should be well aware of the typical everyday hazards and if the business exposes that much risk to any person simply walking around then there should be safe systems of work in place such as barriers or pass key doors.
Jay
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Posted By Robert K Lewis Lee
Some interesting points raised all round in this thread. Let me first of all say that whilst the HSE have a right of access via their warrant card to enter premises or sites this does not de facto allow them to enter without any form of induction process, commensurate with the risks at the time of entry. It should be part of the routine for every visitor, regardless of whom they are and even though they are to be accompanied.
Do we after all not need visitors to know the emergency arrangements or about the need to stay with their escort? Do they not need to know of any specific high risks that could be encountered or specific pedestrian routes and other significant site rules? I actually think very few Principal Inspectors would not support such actions for their staff on arrival at site.
You clearly however have a problem with your gate staff and they do need extra coaching to ensure that they apply entry restrictions to all visitors. The right of access does have a reasonable test attached and also remember that any site rules you as PC may make are in fact legally enforceable under CDM as has been alluded to by another poster.
The example of a permit use simply because the work is on a roof troubles me however. Permits are intended for use in those situations of very high risk where the hazards and risks of the place of work cannot be fully controlled and thus need formalised management controls set out. Some roof work may fall into this definition but not all, by any means. It seems as if we are bringing such systems into disrepute with operatives because they are becoming routinised in their issue without any real significance in the control mechanisms stated. They are never to be a simple checklist for use on a roof where there are no specific hazards, and controls such as affixed edge protection are in place. We will quickly develop a perceptual set in the minds of people that permits actually provide little worthwhile to the job other than as a time-wasting form-filling bureaucratic exercise.
Bob
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Posted By PH This reminds me of another similar thread - 'Why do I need an induction if I hold a NEBOSH Dip/ Degree/ etc. etc.?'
The whole point of an induction is that it should be site specific and appropriate to the site conditions in terms of timescale, content etc. I know we have all attended inductions where the person starts rabbiting on about HASWA, risk assessment etc. (ie: turning it into a H&S training session), but surely if the induction is appropriate then all should attend it (except of course in the event of an emergency, serious and imminent danger etc.)
Just my thoughts.
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Posted By Jason911 Exactly the point I thought I was making, although maybe not as well as I'd hoped.
I mean I would not sit an inspector down to an induction around any type of site, simply because they had not been to one before. If however the site posed serious enough risks, then of course it would be necessary.
Otherwise its just a pointless waste of time if applied to all situations.
Jay
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Posted By Robert K Lewis The point I was making is that induction includes the routine almost housekeeping arrangements specific to the site as well as specific significant risks. It would only be in extremis that I would anticipate anybody entering who was not in some form inducted.
The PC has a duty to secure and control the works. The HSE have no authority to usurp specific rules set out in pursuance of the relevant statutory provisions unless they have evidence of an immediate need not to do so.
Bob
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Posted By ddraigice The simple point is, as has been mentioned, the induction would be necessary in high risk areas such as comah sites etc. If accompanied and as long as there isnt an immediate issue the inspector needs to deal with, no induction is required.
As for comments from Jason - going to dangerous areas such as where there are fragile roof lights, a permit to work is not sufficient to be working or have access to an area where there is a risk of falls. An inspector wouldnt be allowing you to give him an induction, he's be issuing a PN and possible taking statements!
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Posted By Lee Mac Some real food for thought here.
Adrian's mention of the duties is definitely one point I certainly have taken on board.
I have to say there was no unacceptable risk and the inspector left saying he was happy, however, I left wondering did this inspector over step the mark here and as one previous poster brought up was should it brought to this inspector's principal.
Or do the HSE have rights of power that can exclude them from the induction process?
Regarding escorting visitors, yes we do this but we always give them an induction, just incase you get a call to go elsewhere and the visitor is left unattended- is this normal practice or am I being over zealous?
Lee
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Posted By Jason911 Not every roof has skylights and inadequate fall protection!!!!
We have safe systems of work designed by me for visitors performing work where they may not be aware of all the hazards. I am aware because I designed and implemented the safe systems of work after risk assessing the area.
For me to complete a PTW each and every time I ventured on the roof would be like sitting myself down and making myself aware of our own emergency procedures, which I also wrote!!
As I have said many times before I am in the habit of stripping out any bureaucratic form filling that translates into utter nonsense and instead prefer to tackle the real issues.
I think this thread is completely drifting away from the point I was making concerning an inspectors induction being necessary or not, by those who obviously have not read or perhaps misinterpreted the complete thread.
You cannot possible say that an HSE induction would be necessary in each and every case. For example, if I worked for a supermarket and the HSE turned up, it would be a complete and utter waste of time, as they would be exposed to no greater risk than anyone shopping. If they wanted to go in so called dangerous areas, these would, or at least should be properly restricted from public access and require you to accompany them anyway. In my experience this has never been declined and as far as I am aware cannot be. The HSE may be able to go where they want but it is still your business!
Jay
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Posted By Lee Mac I appreciate that Jay, but this thread that I posted relates to a construction site, which is an ever-changing environment and the risks change from site to site, so a supermarket environment cannot really be used an example here.
I am seeking specific advice here for construction- perhaps a current or ex HSE inspector could advise.
Thanks,
Lee
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Posted By Jason911 Apologies Lee, was not trying to hijack your thread but just trying to justify the whole roof thing for some people.
As I said earlier in the thread you need actual HSE inspectors to respond to you on this one.
Jay
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Posted By Lee Mac Hijack away Mate, and no need for any apologies.
I guess I will leave it because our Site Manager has said he has enough to do without having some inspector who ends up with a bee in his bonnet because I took things to the Principal and it ends up with the said inspector calling out all of the time to his site- too time consuming he says!!LOL
So my hands are tied as my professional relationship with the site manager is worth more than this issue. I was looking more for information to be used for a future visit from the HSE.
Cheers for the responses,
Lee
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Posted By FJ Turn it on its head- if Inspector has accident, who is responsible and, at least morally, would you feel uneasy. Second point SFAIRP are you doing all you could to safeguard the individual- or others who, eg may have to swerve to miss him if he doesn't walk down the pedestrian walkway ('cos no-one's told him about it...)? I'm impressed (not) that some Safety Managers might believe that they should know all the local hazards without being told about them!
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Posted By steven bentham Lee
Being an inspector that visits sites regularly you should always ask if they will undertake an induction, construction inspectors only need it if there is something different going on:
(1) I like to do the induction and then I get a flavour of how good you are;
(2) I can ask if you do the same level of induction of non English speaking workers;
(3) I can check that all Planning Supervisors, Architects, Quantity Surveyors have done the same induction;
(4) I can check the level of compliance with ppe etc;
. . but please remember what I really would like is a cup of coffee and a friendly chat first (the inductions are not as exciting when you have them on every site!)
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Posted By Lee Mac Steven,
I fully appreciate that going from site to site and going through more or less the same inductions can become tedious.
However with each site surely comes a new set of new arrangements, therefore it is must be imperative that you are aware of the new set of arrangements with regards to H&S- Fire, first aid, Site Management Structure etc.
Are the HSE inspectors exempt in some legislative way from having to undergo an induction?
I was TOLD by this inspector that he did not have to undergo an induction.
Basically, if someone ever gets injured on our site, one of the first things our insurers request is a copy of the induction record of the IP to show that we have communicated the necessary information and that they have understood. They never request the number of sites that they have been on before they arrive on ours. This makes me wonder how are HSE Inspectors actually exempt?
I just need a bit of clarity on this issue.
Thanks,
Lee
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Posted By ITK No one is exempt from Section 7/8 of HASAWA even inspectors!
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Posted By Pete48 Lee, I think Steven has answered your question. Think co-operation, add a goodly dose of mutual professional respect and mix well. An induction record can be whatever you make it, can it not? You may fall into the trap of managing the consequence rather than the hazard if you continue to follow this route.
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Posted By peter gotch From paragraph 172 of current ACOP.
HSE Inspectors, and others who have statutory powers to enter the site, should be treated as authorised people. Authorised people should have relevant site rules explained to them and undertake any necessary induction training. Some authorised visitors may need to be supervised while on site or visiting specific areas.
So perhaps, you do not need to give the Inspector the full induction that various trades receive, but certainly a competent Inspector should not be refusing any induction.
After all, you have duties towards the Inspector under e.g. HSWA Section 3 which may require you to alert them to site specific risks.
By refusing any induction the Inspector might be causing you to breach Section 3, and thence be actionable under Section 36 [as well as Section 7 as indicated above]. Now that would be interesting!
Regards, Peter
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Posted By Adrian Watson Dear Lee,
I would like to add some further points. An induction may vary from nothing more than a two minute chat pointing out any special risks and site specific information to a two-to-three day induction course on some comah sites that I have worked at. The induction is of course determined by the specific circumstances, but in no case could I envisage someone visiting a site where one is not needed.
Whilst inspectors have to comply with the law of the land as we all do, they also have a duty to set a good example - failure to do so sets a very unfortunate precedent. Furthermore, I would never allow an inspector to tour a site unaccompanied. I would want know what the inspector saw, address any questions and have the opportunity to learn from the inspector.
In respect of the issue of Permits to Work; I believe that there is some fundamental problems here. It seems to me that some people are lumping together PTW and authorizations. I would be using authorizations and not PTW for working at height as PTW are too onerous for that type of work.
Regards Adrian
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Posted By Lee Mac Pete- yes of course the friendly approach is best, but as Peter highlights we have to abide by the legislation.
My query was did I miss out on some leg that says that HSE were exempt.
Regarding a further HSE inspector who visits one of my sites- he/she will be requested to sign a document that states that they have refused to be inducted, but I might just bring it out at the end of their visit, when they have availed of our "not just ordinary chocolate biscuits, but Scottish Highland Shortbread that has a luxury topping of belgian chocalate!!LOL;-)
Lee
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Posted By Robert K Lewis Lee
At the end of the day if the worst case scenario occurs and the inspector is injured, for whatever reason, the 1st question asked by the investigating inspector will be - Was the person familiar with the specific risks of the location? - If your answer is no then a simple section 3 breach, as mentioned above is a possible outcome.
Bob
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