Welcome Guest! The IOSH forums are a free resource to both members and non-members. Login or register to use them

Postings made by forum users are personal opinions. IOSH is not responsible for the content or accuracy of any of the information contained in forum postings. Please carefully consider any advice you receive.

Notification

Icon
Error

2 Pages12>
Options
Go to last post Go to first unread
Admin  
#1 Posted : 28 July 2009 08:39:00(UTC)
Rank: Guest
Admin

Posted By Liam T
Hi all
The situation were in, is all our lifting equipment is up in August, and needs thoroughly inspected. On the particular certificates it says 'latest next test - 5th of August', although the company that tests our gear cant get on site until the 10th. They have assured us that we will still be covered until they get on site, but im not too sure. This comapany is a very reputable company too.

Can anyone point me in the way of some text to confirm this? Ive trawled LOLER but no success.

Thanks in advance, its appreciated.
Admin  
#2 Posted : 28 July 2009 09:18:00(UTC)
Rank: Guest
Admin

Posted By Andrew W
Hi Liam

You won't find any either. If the cert runs out on the 5th then it is out of compliance until re-inspected. OK it's only 5 days but imagine if an incident happened in that 5 days. Insurers,HSE etc etc. Be cautious my friend...

Andy
Admin  
#3 Posted : 28 July 2009 09:33:00(UTC)
Rank: Guest
Admin

Posted By Dave Merchant
Andrew's correct - once you've signed a TE it's set in stone, and unlike with your car insurance the inspector can't fax you a temporary cover note! Your only option is to get someone else to TE it, or take it out of service for that week.

We're expecting more of this in the coming months, given the number of companies relying on a sole inspector who's as likely to end up stuck in bed as the rest of us. It might appear to be wasting money, but I'd advise never leaving the TE until the last moment, especially if you're using an external inspector.
Admin  
#4 Posted : 28 July 2009 10:04:00(UTC)
Rank: Guest
Admin

Posted By Liam T
Thanks guys. To be honest, thats the way we were going to go, unless the external inspector could give us it in writing, although after reading LOLER and the above posts, this may not even suffice.

Thanks again.
Admin  
#5 Posted : 28 July 2009 10:26:00(UTC)
Rank: Guest
Admin

Posted By Kelsafe
Hi Liam

I used to work for a large insurance company providing thorough exams of lifting and pressure equipment, inspections of power presses and LEV etc and found that they all run overdue, that was how they used to make money.

It is the user's responsibility under LOLER to ensure the exams are kept up to date (with some responsibility on the owner for short-term hired equipment) and if it comes to court that is what they will fall back on. I am surprised that the engineer is telling you that it will be ok - they are normally quite clear in telling you that it is your responsibility. Many of the better / larger companies are pretty up to date nowadays - it may be just your engineer pulling a fast one. Suggest you get onto his Regional Engineer and make him aware diplomatically.

Regards,
Chris
Admin  
#6 Posted : 28 July 2009 15:03:00(UTC)
Rank: Guest
Admin

Posted By Bob Y
As such I can agree with most of what is written above, except that I think that you have more than the two options suggested. You could accept and retain the risk (with knowledge) and continue to use the equipment for the 5 days without the certification. Risk retention is a 'legitimate' business tool and while you will not be 'in compliance' you can balance the relative risks of non compliance against the likelihood of an incident occurring during the 5 days.
Admin  
#7 Posted : 28 July 2009 15:37:00(UTC)
Rank: Guest
Admin

Posted By Andrew W
I disagree totally. Risk retention or acceptance is not applicable to statutory obligations only to civil obligations.
Admin  
#8 Posted : 28 July 2009 15:43:00(UTC)
Rank: Guest
Admin

Posted By Stuff4blokes
Andrew, of course it is. This is no different from an individual deciding to drive without insurance. Illegal but nevertheless a choice that has been made.

Simple calculation: chance of being caught + cost of failure against the cost of compliance.
Admin  
#9 Posted : 28 July 2009 15:58:00(UTC)
Rank: Guest
Admin

Posted By Andrew W
My response was in reply to the following comment "Risk retention is a 'legitimate' business tool" Yes I agree it is in certain situations.

However how can being in breach of a statutory requirement ever be legitimate?

The OP asked for advice and the correct advice was given. I know this is a public forum and not all posters are H&S persons but I do get annoyed when advice that may lead to prosecution is given.
Admin  
#10 Posted : 28 July 2009 16:35:00(UTC)
Rank: Guest
Admin

Posted By Bob Y
I thought my comment would provoke debate. I used the word 'legitimate' quite deliberately in inverted comma's. The reality is, that not dissimilar decisions are made every day; we weigh up the risk (of getting caught or more importantly something going wrong) against the benefit (continued production etc) every day. Some risks are worth retaining, others are clearly not.

It is interesting to note in this case that the risk identified is the risk of prosecution, which in the example given, I would have thought has got to be something close to being zero.

I am interested in the argument that it is acceptable to civil obligations (whatever they are in this context) but not to statutory obligations.

I have given advice many times that may have led to prosecution, but the advice was based on sound risk management principles rather than strict compliance with the law. I left behind the idea of health and safety for the sake of mere compliance many years ago.
Admin  
#11 Posted : 28 July 2009 17:32:00(UTC)
Rank: Guest
Admin

Posted By Dave Merchant
Bob's argument is apparently "anything is OK if you get away with it", in which case I'll just nip out and mug an old lady while nobody's watching, and tell her it's OK because it's an everyday business practice...


Sheesh.
Admin  
#12 Posted : 28 July 2009 18:53:00(UTC)
Rank: Guest
Admin

Posted By Phil Rose
I don't think that, that is quite what Bob said. He was suggesting a risk based approach to the problem. I thought that , that was the work many of us were in, using our noddle to make a reasoned judgement. I am not sure how you draw a comparison between a deliberate act of violence against an old lady with ensuring that a piece of equipment has a certificate of examination. To my mind that is not a particularly useful example. I tend to agree that health and safety is, or at least should be, about so much more than compliance. The problem described by Liam is not unique in our field of work and requires a judgement call. True, if you want to go down the route of mere compliance then you stop. End of story. But years of doing the job suggest to me that sometimes you have to use your judgement a bit more cunningly.

Admin  
#13 Posted : 29 July 2009 07:03:00(UTC)
Rank: Guest
Admin

Posted By Liam T
Thanks for all the replies, wasn't intending on starting a debate :)

Ive decided the route in which ill take, which is to ground all lifting ops (afterall, this would only be the Thursday and half day Friday). Our work isn't "lifting", although some aspects of it involve lifting accessories. Due to the site im on, it simply wouldn't be worth the risk of a 'minor' incident, because the investigation which is required by the client (and the company of course) is in depth to say the least, which would require producing certs etc etc.

Once again thanks, dont use the site as much as id like but a great place to get help and support!
Admin  
#14 Posted : 29 July 2009 08:09:00(UTC)
Rank: Guest
Admin

Posted By Bob Y
Dave, I most certainly did not say that "anything is OK if you get away with it" at all. You have made a quantum leap from a discussion on risk retention, risk management and compliance (or not) to suggesting that I condone a deliberate act of violence. For the sake of clarity, I do NOT condone acts of violence against little old ladies or anyone else for that matter, nor do I consider the mugging of an old lady to be "..everyday business practice", or condone routine breaking of the law per se. I take exception to your correlation/suggestion/comparison.

Life, including working life is not guaranteed to be free from risks, nor is it required to be. In the broader sense, I would have thought that risk retention is the ‘bread and butter’ of ‘health and safety officers’. It is enshrined in the HASAWA (albeit I accept in a different context), and depending on the circumstances it is permissible in law and morally acceptable.

Andrew to try and answer your question “..can being in breach of a statutory requirement ever be legitimate? Let me use a couple of simple (and some may suggest flippant) examples that may or may not help to answer the question.

1. It’s late on a Friday afternoon and I have a ‘hot date’ but I notice that an accident form has arrived on my desk and that this is needs reporting to the HSE under RIDDOR and this is ‘day 10’. To comply with the law and not be in breach of a statutory requirement I MUST report it before I go home. On the other hand I could leave it until Monday when I will be in breach but it will still be reported, it won’t make any material difference and is highly unlikely to lead to any action from the HSE. Yep, you guessed it the hot date wins!

2. Years ago my Mother was pretty poorly and when I went to see her after work I thought that her condition had deteriorated considerably to the extent that I called the out of hours doctor (despite her wish that I shouldn’t). When the doctor eventually arrived he examined my Mother and said that she needed to go to the hospital immediately and that I should not wait for an ambulance but take her myself. So, bundled her into my car and took her to the hospital myself. I didn’t drive like mad but I did on a number of occasions break the speed limit and was therefore in breach of a statutory requirement. Would I do it again? You bet!

Whether that makes either breach legitimate is, I accept debatable, but on balance the risk to me was acceptable. Now to turn to the more specific issue raised by Liam.

I am conversant with LOLER and YES an out of date TE cert is just that, out of date and if push came to shove and an inspector called on those 5 days then you would probably find yourself with a IN, PN or prosecution depending on the circumstances. Of course if there were an accident during those 5 days that could clearly complicate the matter somewhat. For my part, I feel that the safety of the kit is about more than having a TE cert. And of course we could debate the value of a TE cert in isolation (other than to prove that we have complied with the law)!

The fact is that we don't actually know what pieces of kit Liam is referring to, how well they are maintained or what their usage would be over the 5 days (2 of which are weekend days), all of which could and should form the basis for a decision by management as to whether to retain the risk and continue to operate the kit.

We have a fleet of refuse lorries, all of which have a 'bin lift' that are covered under LOLER. They are regularly maintained by our own workshop and have a 'LOLER examination', often on the same day or over a couple of days, each year. So then; the engineer calls to say that he will be 5 days late in coming to inspect them and the fleet manager asks for my advice as to whether we can continue to operate and collect refuse around the district. The really easy decision would be for me to say an emphatic 'NO' and walk away - anybody can do that but I wouldn't feel that I was doing much of a job, if the extent of my advice amounted to no more than what people could or couldn't do in order to comply with the law. Over the years I have come to the conclusion that H&S/risk management is about ‘enabling’ not preventing, nor about mere compliance with a statutory duty. I would happily advise the manager that if he continues to operate the refuse trucks during those 5 days then he would be breaking the law and that if we were caught that we could be served with IN, PN or otherwise prosecuted. I would also discuss whether the fact that we aren't in compliance has a significant effect on the risks to health and safety; and that to me is the key issue, not mere compliance for compliance sake but securing the health and safety of people. As we don't normally collect refuse over the weekend then we would actually only be using the refuse trucks with out of date TE certs for 3 working days, the kit is well maintained, not used for lifting people etc etc then I would be inclined to advise that we could continue with operations, and retain the risk as long as the health and safety risks were properly considered and controlled.

I accept that some of you will consider this to be wrong. I for one don't confuse compliance, for compliance sake, with the proper management of health and safety risks. Acts of risk retention, involving statutory duties must surely happen every single day in various different guises, and I accept often with little or no thought of the consequences, but a carefully considered risk management strategy that includes where necessary a degree of risk retention is IMVHO a valuable tool for most businesses.

And if any of you are still awake after reading this - sorry to have rambled! :-)
Admin  
#15 Posted : 29 July 2009 09:29:00(UTC)
Rank: Guest
Admin

Posted By Chris Kelly
Hi all

Bob. I can understand where you are coming from and, if you are a competent person as defined by LOLER you can justify altering your inspection frequency if the risk justifies it.

However there are two issues in this case:
1 If you were a competent person why would you be buying in a competent person's services for inspection(accepted you might be doing it to demonstrate independence "..free from fear or favour...." in accordance with LOLER).
2 It is doubtful that any competent person would alter the inspection frequency just before the due date. You need to give yourself time to take decisions like that and also be sure that there will not be a perception that you took the decision because of production pressures (ie you are 'free from fear or favour').

So as far as Liam goes he must rely on the competent person he has already or get another one. At this stage it is too late to ask them to do a risk assessment to reduce the inspection frequency. As such the user must treat the due date in the 'Practicable' not the 'Reasonable & Practicable' sense.

Liam - you have a contract which says that your competent person will inspect at 6 or 12 monthly intervals (?) If so write to them and tell them that you will expect them to compensate you for consequential losses as a result of loss of use of your equipment or increased cost of work to hire 'in-date' equipment. You will find they will inspect before the due date. Keep a template as you are likely to need it again !

The law is absolutely clear in this regard - you MUST NOT use a piece of lifting equipment if it does not have a current report of thorough examination prepared by a competent person(and that does not mean a load or proof-load test). If your inspection frequency has been reduced by a competent person then your due date will have been put back, otherwise your inspection frequency is in line with the SAFed guidelines: 6 & 12 monthly as recognised by the HSE.

Hope this clarifies.
Admin  
#16 Posted : 29 July 2009 09:56:00(UTC)
Rank: Guest
Admin

Posted By Chris Kelly
Oh - just one other point (from the point of view of risk management) - the example was given of a bin-lifter on a refuse vehicle. I would consider this as a comparatively 'low-risk' item (low-weight to a comparative low height and the operator excluded from the drop-zone. Main risk hydraulic failure which would probably result in a slow fall. However if the item is higher risk and has more serious structural risks, subject to different operations, possibly different operators (eg an excavator or telehandler) that is a different matter.

I live in the practical world and have myself been faced with a piece of equipment which is in very good condition but out of date. However I have also been involved with a firm who were prosecuted for a failure of lifting equipment. They were a seriously dodgy company and totally deficient (not like some of the sites I have worked on who go out of date 'by accident' but are otherwise well run.

Would I allow the equipment to be used if it is within my area of personal competence and I had carried out a visual inspection and was satisfied it was safe (backed up by an almost in-date inspection plus planned / preventative maintenance, operator's weekly check-sheets etc ? I won't answer that (isn't that the real stupid side of our business ? we are all paranoid about having the HSE on our case when at the end of the day we are all doing our damndest to make sure the work gets done safely !)
Admin  
#17 Posted : 29 July 2009 10:01:00(UTC)
Rank: Guest
Admin

Posted By Kenneth Patrick
Bob,

You are to be congratulated for taking the time to explain your position in the face of a bit of hostility. If anyone listens to the chair of the HSE they will realise that your approach to safety/risk is the only sustainable way forward.

Well done
Ken
Admin  
#18 Posted : 29 July 2009 10:34:00(UTC)
Rank: Guest
Admin

Posted By Chris Kelly
Sorry Ken (hopefully you won't take this as 'hostile' but in the spirit of debate it was intended) I noted a couple of 'facetious' comments from others but nothing which could be described as hostile. Debate is to be encouraged.

I must disagree with Bob and your comments (in a nice way if that is possible). The HSE have demonstrated over and again that they do not interpret this issue as one which can be risk-managed. The law in this instance is clear - go outside it and you take your own risk which could land you in jail. It is important that Liam understands this. I refer you to my posts above.

Regards,
Chris
Admin  
#19 Posted : 29 July 2009 10:44:00(UTC)
Rank: Guest
Admin

Posted By steve hardcastle
Bob, well said! if our jobs are soley concerned with strict compliance and yes/no answers a laptop could make the decisions, competence in all its guises is to enable realistic and commercially aware advice.
Admin  
#20 Posted : 29 July 2009 11:35:00(UTC)
Rank: Guest
Admin

Posted By Chris Kelly
This isn't a game with monopoly money, where it doesn't really mean anything if it all goes wrong.

Think about what could happen if there is a serious accident and you are knowingly out of date.

The accident doesn't need to be a failure of the equipment, the HSE will just use the lack of thorough examination as evidence that you ignored your duties. Noone should recommend anyone else to take that risk. Lifting accidents are the 3rd (from memory) most frequent cause of fatalities. In my experience the old safety triangle is correct - there are lots of near-misses which could have gone either way.

There is no need for this debate - tell the competent person that if your equipment goes overdue you will claim compensation from them. The inspection will be done - trust me they don't have a leg to stand on. Don't take the risk yourself when you have 6 days to sort this out - plenty of time.

Over and out
Chris
Admin  
#21 Posted : 29 July 2009 14:42:00(UTC)
Rank: Guest
Admin

Posted By Bob Y
Thanks to all who have responded. Clearly we don’t all agree, but that is the nature of the business. Without going over too much of the same ground, I fully accept that continuing to use a piece of lifting equipment without a current/valid TE cert would be a breach of a statutory duty, and that breaches of any statutory duty could lead to legal action (both criminal and sometimes civil). I also accept that the absence of a valid TE would in many cases means that the kit isn't used. On the other hand I don’t accept that the presence of a valid TE cert in isolation means that the kit is ‘safe’; it merely means that you have a valid TE cert.

I don’t think that anyone suggested that any such decision to retain risk in the way suggested should be taken lightly or that it was a game using monopoly money, or any other sort of game. That is patently not the case. This is real money and real lives.

I accept that I may be in a minority, but I suggest that the reality is, that decisions similar to this are taken on a daily basis by many businesses using risk management principles. I am not afraid to admit that I have provided advice where a statutory duty may not have been fully complied with, but in doing so I have also ensured that the relevant manager is aware that that is the case, and of the potential consequences and most importantly I have ensured that the risk to people’s health and safety has been properly considered. Each decision must be based on the individual circumstances of the case, in much the same way as any other risk based decision that we take each and every day.
Admin  
#22 Posted : 29 July 2009 15:15:00(UTC)
Rank: Guest
Admin

Posted By Chris Kelly
Bob

I totally agree. It is good to have an interaction with other safety professionals who are in the same boat as me.

I just think that we should be careful of giving people (who may have little experience of lifting equipment, having a factory or warehouse with a couple of fork-trucks and not much else) the impression that they can go past the due date without the possibility of serious consequences. We can qualify statements but it is a fact that it is the first line which people will take in.

I will admit to having done it but then I know my limits and when I can allow it and when not.

Incidentally I am interested that this competent person has told his client that it is OK to go past the due date. I would be asking for a copy of his UKAS accreditation.

All the best

Admin  
#23 Posted : 29 July 2009 15:57:00(UTC)
Rank: Guest
Admin

Posted By Descarte
Random side note Bob, in some emergency situations a member of the public can break the speed limit, however it does have to be a genuine emergency which you may have to prove. Taking someone to the hospital when an ambulance is not available is one of them I believe.

Des
Admin  
#24 Posted : 29 July 2009 15:59:00(UTC)
Rank: Guest
Admin

Posted By Andrew W
Bob/Chris and all others. Excellent debate for once with little bitchiness and my dads bigger than your dad type comments.

It's nice to hear others opinions and thoughts and Bob, I wouldn't suggest for a minute that you would put anyone at risk. I agree with your comments re TE certs and that without the correct systems and procedures behind them they can literally be a piece of paper that is only good on the day of the inspection. However due to the nature of our business current TE certs are not a negotiable item.

I look forward to the next debate

Andy
Admin  
#25 Posted : 30 July 2009 01:06:00(UTC)
Rank: Guest
Admin

Posted By Toe
Excelent debate! As a H&S trainer I have to teach candidate the difference between absolute duties, practical, so far as is practical etc, and an 'every employer shall' statement is an absolute duty, if we are able to apply the concept of balancing the relative risks of non compliance against the likelihood of an incident occurring as stated in previous posts then the regulation would have stated AFARP in the wording. IMHO no argument.

However again as previously stated regulations are breached almost every day, whether it is driving to work, not wearing your hard hat on site, not carrying out an assessment of risks to a manual handling operation etc.. all of which are absolute duties.

If we try to understand the concept of statutory inspections these are legal standards that are set to control the safety of such equipment. Just because a piece of equipment has been competently inspected there are no guarantees that it will stay safe, for example Liam has stated that the examination req re-tested on the 5th August, does this mean that it will only remain safe up until then (the expiry date) and after that date then will the equipment be unsafe?
When you get your vehicle MOT'd (Statutory inspected) the inspection is only valid for that day, or should I say the safety of the vehicle is only valid for that day.
Pick up vehicle from MOT station with valid MOT certificate = Legal. Drive down the road brake light switch goes faulty and stopped by Police with no brake lights = Illegal.
I dont know how many times I have come accross defective lifting equipment during my inspections despite there being a statutory inspection certificate for the equipment. Also in the Motor Vehicle industry is is common for vehicle lifts to lapse their (6 monthly) inspections because the inspector could not inspect the equipment because the lift was being used at the time and it was unable to be inspected. Rightly or wrongly is up for debate but this does happen.
Admin  
#26 Posted : 30 July 2009 06:53:00(UTC)
Rank: Guest
Admin

Posted By Pete48
I agree that this has been a good example of how we can sometimes discuss matters in a very objective manner. The original question is also an excellent example of the very real life situations that businesses face almost every day.
The starting point advice for any safety professional must be the absolute duty view, to do anything else would be unprofessional in my view. The secondary question is about what level of risk arises if a business takes a decision to continue to operate out of date equipment. That in my view is a business decision that a business takes against the advice of their safety people. If the safety people also happen to be qualified engineers then the company may expect them to help in making that risk decision. That decision in effect is not about the risk of being prosecuted et al but the changed risk profile of the kit during that extra 5 days. Anyone who takes such a decision without any technical knowledge and competence would be taking a much bigger risk than they could imagine; anyone who takes such a risk without a comprehensive check would also be taking a huge risk.
I am not advocating that anyone should choose to ignore a legal duty. I merely explore the demands of working in a society where absolute respect for absolute duties is not universal. Therein lies the trap for many professionals, not just safety ones.
Admin  
#27 Posted : 19 August 2009 10:05:00(UTC)
Rank: Guest
Admin

Posted By Kenneth Patrick
Since at about the same as this first came on I posted about getting HSE advice I thought I would try and get the infoline response. Here it is :

Dear Sir/ Madam
Thank you for your enquiry regarding thorough examination of lifting equipment.
There is nothing specific in HSE legislation that allows for any period of grace between thorough examinations of lifting equipment.
The relevant legislation is the Lifting Operations and Lifting Equipment Regulations 1998 (LOLER). Regulation 9(2) states:
'Every employer shall ensure that, where the safety of lifting equipment depends on the installation
conditions, it is thoroughly examined
(a) after installation and before being put into service for the first time; and
(b) after assembly and before being put into service at a new site or in a new location,
to ensure that it has been installed correctly and is safe to operate.
Regulation 9(3) states:
Subject to paragraph (6), every employer shall ensure that lifting equipment which is exposed to conditions causing deterioration which is liable to result in dangerous situations is-
(a) thoroughly examined -
(i) in the case of lifting equipment for lifting persons or an accessory for lifting, at least every 6 months;
(ii) in the case of other lifting equipment, at least every 12 months; or
(iii) in either case, in accordance with an examination scheme; and
(iv) each time that exceptional circumstances which are liable to jeopardise the safety of the lifting equipment have occurred; and,
(b) if appropriate for the purpose, is inspected by a competent person at suitable intervals between thorough examinations,
to ensure that health and safety conditions are maintained and that any deterioration can be detected and remedied in good time.

The associated guidance goes on to say that 'if lifting equipment is subsequently moved to a new site it should be thoroughly examined again at the new site after it has been installed but before it is put into service.' . The extent of the thorough examination will depend on an assessment of the risks based on the type of lifting equipment, where it is installed and how it is to be used.
A thorough examination is also required following any significant change which may affect the safe operation of the lifting equipment. These include:
(a) its involvement in an accident or dangerous occurrence;
(b) after a significant change in conditions of use; and
(c) long periods out of use.
Admin  
#28 Posted : 19 August 2009 10:33:00(UTC)
Rank: Guest
Admin

Posted By Andrew W
So basically they could have just said "It needs to be TE'd every 6 months to remain in compliance as per LOLER 9(3)(a)(i)" instead of clouding the issue with the information overload!!

Andy
Admin  
#29 Posted : 22 August 2009 09:33:00(UTC)
Rank: Guest
Admin

Posted By David A Cooper
The problem with most organisations undertaking LOLER examinations is that they are paid in advance.

Our company charge after each examination and hence we also have an interest in doing the examination on time!

Admin  
#30 Posted : 23 August 2009 21:17:00(UTC)
Rank: Guest
Admin

Posted By Karen Todd
Have come across this time and time again with one particular insurer. How they appear to operate is that if they do a TE in say August 08, then they seem to think that as long as they do it again in August 09 that's OK. However, that's not what the certificate indicates - there is an exact date on it.

I'd even go so far as to say that if they get around to doing the TE before the date it's due that is the exception, though they do always do it in the month it is due...

KT
Admin  
#31 Posted : 24 August 2009 21:32:00(UTC)
Rank: Guest
Admin

Posted By Chris Kelly
Karen

Am sorry to say that is untrue. Insurance companies regularly go a lot further than a month overdue. When I worked in the industry it wasn't uncommon to go a year or more over. I know because it was my job to deal with the client's complaint, try and smooth things over, get the slap on the wrists and put things in place to make sure it didn't happen again.

I got p'd off because it was my reputation that was on the line and the company would go along with your promises and then not back it up. Each company knew that the others were the same, some worse than others but they charged a lot less, the customers don't really have anywhere else to go.

Then there was always the chance that you get the surveyor who is issuing reports without doing the inspection (one in Preston was signing off thoroughs for years on lifts without ever seeing them, another in Jersey it was a joke that he used to use binoculars to inspect pressure vessels - he was a twitcher).

Or the engineer cocks up and misses one piece of equipment (easily done), one I investigated got the sack after a chain block collapse.

The insurance companies are big enough and have contract conditions in place so they can fend off any HSE action (although not in the case of a power press accident in the 90s from which PM79 /clutch key mechanism inspection came from). If you have an accident and they ask to come in and carry out an investigation make sure you have another independent engineer present - the insurance company are only compiling information to protect themselves, they will never admit they were at fault.

The message is - put in place your own diary systems and book the engineer in before or on the due date, don't rely on them to ring you. If they do go overdue stop using the equipment and issue letters to them telling them you will claim compensation from them for loss of use / increased cost of work. An engineer will mysteriously appear on your doorstep. When they appear sign them in and out so you can prove they attended.

Trust no-one, that is my policy and I suggest you do the same.

Regards,
Chris
Admin  
#32 Posted : 25 August 2009 10:57:00(UTC)
Rank: Guest
Admin

Posted By Ian MacAskill
I am tempted to follow Karens insurers recommendation. The "resolution" of time is months - not days. If it were days then the renewal date would have to be calculated, not just add on 6 months to the previous inspection date. Surely historical records would also evidence a "regular inspection frequency" - intent.

Admin  
#33 Posted : 25 August 2009 14:45:00(UTC)
Rank: Guest
Admin

Posted By Dave Merchant
Ian - sorry but that's not how UK law works. When LOLER says "every 6 months" it means "an interval less than to the subsequent calendar day, 6 months hence". You can't push it to the end of the month, neither can the TE report neglect to include the full date.

i.e. if the cert says "issued Sept 8 2009" the 6-month expiry is March 9 2010. The number of days in each month is not considered, nor is the time of day unless it's a notifiable failure under the 24-hour rule, it's the numeric date value that matters - so the fact you've included Feb with fewer days is just bad luck.
Admin  
#34 Posted : 25 August 2009 14:49:00(UTC)
Rank: Guest
Admin

Posted By Ian MacAskill
Dave, many thanks for the clarification, you have left me in no doubt.
Admin  
#35 Posted : 25 August 2009 17:59:00(UTC)
Rank: Guest
Admin

Posted By Phil Rose
As an aside don't be 'fooled' into thinking that it is only your insurer that can carry out the TE. Some MAY as part of the overall policy cost but others do it and charge a fee. They can be done by any competent person (please I don't want to get into the competency debate)
Admin  
#36 Posted : 26 August 2009 12:56:00(UTC)
Rank: Guest
Admin

Posted By Chris Kelly
Phil / Ian

Suggest you just make sure they are UKAS Accredited (Lloyds British are usually very good) although they seem to be more expensive of late.

Bundling all your inspections together may save you money also (LEV, machinery guarding, electrical fixed wiring, lifting and pressure).

Chris
Admin  
#37 Posted : 01 September 2009 22:31:00(UTC)
Rank: Guest
Admin

Posted By David A Cooper
Bundling all of your inspections together generally means that you get a composite engineer rather than a specialist one.

Admin  
#38 Posted : 01 September 2009 23:34:00(UTC)
Rank: Guest
Admin

Posted By Chris Kelly
David - If you use a cheaper inspection firm it might do but it shouldn't necessarily.

Regards,
Chris
Admin  
#39 Posted : 01 September 2009 23:43:00(UTC)
Rank: Guest
Admin

Posted By David A Cooper
Chris

I spent years with one of the major inspection companies. Trust me that is how they manage to get their inspection costs down.

Dave
Admin  
#40 Posted : 02 September 2009 08:51:00(UTC)
Rank: Guest
Admin

Posted By Chris Kelly
Dave - so did I.

We did find that some of our competitors did it but generally we only had some lifting engineers inspecting simple pressure vessels. There may have been the odd one inspecting across 3 disciplines but very few.

Even within lifting discipline it was difficult for some engineers to keep up their annual hours for items such as tower cranes to be able to demonstrate competence.

We were very wary of using multi-disciplined engineers and often found that we secured business from other companies who charged less because they were using multi-disciplined engineers.

I think I know who you were working for !!

Nice to talk to someone from the industry - which region did you work in and what are you doing now ?

Regards,
Chris
Users browsing this topic
Guest
2 Pages12>
You cannot post new topics in this forum.
You cannot reply to topics in this forum.
You cannot delete your posts in this forum.
You cannot edit your posts in this forum.
You cannot create polls in this forum.
You cannot vote in polls in this forum.