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hollymollymoo  
#1 Posted : 20 November 2009 10:30:32(UTC)
Rank: New forum user
hollymollymoo

I am employed as a H&S advisor in a busy engineering company. My boss has asked me to visit the site of a potential customer to carry out PUWER risk assessments on a couple of their machines (he is effectively hiring out my services). Before agreeing to take this on, can anyone offer some advice as to where this would place me in terms of responsibility? I possess the appropriate quals and experience to have no issue with carrying out these risk assessments effectively as it is something I do regularly within our own working environment. However, if I go ahead and risk assess these machines for another organisation would I be putting myself in a position of responsibility towards their risk? Should an accident subsequently occur in their workplace with the equipment concerned, would my document (and therefore me!) be the focal point for scrutiny? Additionally, should any shortcomings be highlighted within that document, could I be held liable for this? Any help/advice would be gratefully received before I agree to carry out these assessments.
jwk  
#2 Posted : 20 November 2009 10:56:22(UTC)
Rank: Super forum user
jwk

There are a couple of threads whhich need to be untangled here. First of all, the employer's duty under s2 for these machines lies with the person owning and operating them, not you, and not your employer. You presonally have your professional duty under the IOSH code of conduct, and your duties under HASAWA and the management regs. Provided you discharge these duties (and your post indicates that you are confident of your competency to do so) you need have no worries provided your employer and the host employer have agreed by some form of written contract what you are doing and why; this needs to clearly set out the legal responsibilties on each party - not a disclaimer but a clear description of what you will do, what the host employer will do as a consequence, and the position of your employer should it all go pear-shaped, John
bob youel  
#3 Posted : 20 November 2009 11:33:11(UTC)
Rank: Super forum user
bob youel

just a thought; does your company insurance cover include such liability [risk] areas - one to talk to your boss about
firesafety101  
#4 Posted : 20 November 2009 11:50:10(UTC)
Rank: Super forum user
firesafety101

I think that, as you are employed by your employer you will be covered by their insurance, but as suggested ask the question. Also as suggested the equipment owner is responsible for having the risk assessments done, you are merely a tool - a piece in the jig saw. It would be different if self employed and then I would expect PI insurance to cover. No worries just do what you do and make sure it is "suitable and sufficient" with the main findings recorded.
Canopener  
#5 Posted : 20 November 2009 12:46:48(UTC)
Rank: Super forum user
Canopener

I wonder if your question is more about accountability and liability than responsibility! If you have carried out a risk assessment then you are clearly responsible for it. As has already been muted, it is the employers responsibility to get the competent advice, and yours to ensure that you give advice etc within your competency/capability. Regarding the question "..would my document (and therefore me!) be the focal point for scrutiny" - I would have thought that if it is relevant to the accident, then it is very likely to be!
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