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Eddtr1  
#1 Posted : 14 January 2011 10:45:56(UTC)
Rank: New forum user
Eddtr1

Hi all, I am looking into changing our Permit to Work system to a Permit to access. Does anyone know where I can find any documents about the legal standing of permit to access systems? I am currently working in the operational team of a shopping centre and we have contractors on site from time to time. However we tend to use the same contractors. Now instead of doing a permit to work every time we want to give them a permit to access. We already have all of there risk assessments and a third party company has done a rigorous health and safety analysis on the contractors. So it seems a bit redundant having to do a PTW form every time Any thoughts would be appreciated.
Ron Hunter  
#2 Posted : 14 January 2011 11:02:34(UTC)
Rank: Super forum user
Ron Hunter

There is little or nothing in the way of statutory reference to PTW (in your environment, essentially nothing) and the general duties in HASAWA and MHSWR should be your keynotes (safe systems of work, protection of employees and others, mutual cooperation, communication etc) Permit systems tend to be more relevant to high-risk industry and tasks and a very formal and rigorous process. Could it be that you're looking to establish a "permission to proceed" approach? First and foremost someone has to be in charge of managing contractors, and there should be adequate communication and cooperation regarding mutual safety for each and every task. The person in charge would be the person determining if there were any conflict issues arising from overlapping contract works or client activities. Often, the timing of the task is the crucial element - particularly in public areas. e.g. access scaffold etc. will preferably be built overnight. Whereas your contractors are established, their staff may not be, and a process of communicating local rules and procedures (induction) should be established. You don't necessarily have to do all of that yourself, you can get the contractor to do it. There may be a need to establish contingency measures where the work impacts directly on safety systems (fire and emergency systems maintenance or replacement). You may or may not have asbestos issues to hammer home to all involved, and you may also have some strict issues of access control for roof spaces, service areas and the like - these may require a more specific PTW approach? Hope this helps.
djupnorth  
#3 Posted : 14 January 2011 14:00:44(UTC)
Rank: Forum user
djupnorth

Eddtr 1, I have done a little bit of research and as far as I can see there are no statutory provisions or case law relating to Permit to Enter. I know it is taking things slightly off the focus of your question but (on a purely personal note) I prefer an "Authority" to Work (or Enter) as opposed to a "Permit". It is a very pedantic (and arguably anal) legal point but if you issue a Permit allowing somebody to do something, in general (and I stress the general) liability for things going wrong rests with you because you signed to permit them to do.... even if the criteria set down in the permit are not met. If on the other hand, you issue an Authority there is a very good argument that you are only authorising them to do... if all your criteria are met. Therefore if the criteria are not met liability rests with the contractor. Before anybody jumps down my throat, i) I know it is a matter of semantics, but if you are being investigated it could be the difference between a guilty plea and not guilty plea; and ii) It is only my personal view. Regards. DJ
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