Rank: Forum user
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We are on a project which DSEAR applies.
We have conducted a DSEAR risk assessment to ascetain the zoning of the areas where our equipment is installed and ensured that the equiment is as per zoning requirement.
We have also installed equiment on behalf of the client - are we responsible for conducting a DSEAR risk assessment for this equipment?
The reg's say 'employer'???
We are not involved in any ongoing maintenance, but what if we were?
Regards
Mike
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Rank: Forum user
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There appears to be some joint responsibility here.
I assume you are contractors/suppliers/designers of the installed equipment? I would expect some form of brief/specification requirement from your client so that you could select and design the correct equipment that is suitable for the DSEAR application/location.
e.g. probably/possibly working under CDM - design risk assessments should have been produced, which would include zone classification, correct group classification/T rating etc etc.
Once the equipment is installed and up and running, the equipment is then your clients and under their control. Your company is then not the employer of the people working/operating on/the equipment.
Your client then takes on the 'employers' DSEAR duties
If you were involved in future maintenance - you would be 'contractors' so far as your client is concerned, so would have to work to their requirements. Again, joint responsibility for safety between the 2 organisations.
Your client can't wash their hands of the maintenance activities - see case law of 'Associated Octel', which appears relevant.
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Rank: Super forum user
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Mike
All the work you have done should feature in the clients risk assessment. I would only expect your RA to challenge any 'over egging' of zoning and therefore equipment spec.
Yes there are joint responsibilities, however the operator should have a risk assessment for the complete installation.
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