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PHurley  
#1 Posted : 25 January 2011 11:30:33(UTC)
Rank: Forum user
PHurley

Hi All, I'm looking for some information and guidance. Does anybody out there have examples of disclaimers used on inspection reports? Cheers Pete
RayRapp  
#2 Posted : 25 January 2011 15:58:58(UTC)
Rank: Super forum user
RayRapp

Never seen one or used one. That said, I suspect like most disclaimers they are not worth the paper they are written on.
David Bannister  
#3 Posted : 25 January 2011 16:47:00(UTC)
Rank: Super forum user
David Bannister

If the purpose of the inspection is clearly stated, the items/areas/plant etc inspected together with any items etc not inspected clearly stated then that should suffice, provided the usual stuff like date, personnel, location is also incuded. I agree with Ray that a disclaimer is worthless and suggests that the inspectors are not confident that they wil have done a satisfactory job.
User is suspended until 03/02/2041 16:40:57(UTC) Ian.Blenkharn  
#4 Posted : 25 January 2011 16:54:37(UTC)
Rank: Super forum user
Ian.Blenkharn

Sounds very similar to the overused refrain about being a safety adviser and not taking responsibility......
Canopener  
#5 Posted : 25 January 2011 17:52:07(UTC)
Rank: Super forum user
Canopener

It will be interesting to see how this one develops. There are disclaimers that aren't 'valid' or are illegal under the Unfair Contract Terms Act 1977, but I suggest that many disclaimers are perfectly 'valid' and entirely lawful and reasonable. It's quite interesting that the car MOT analogy is bandied about on these forums time and again, i.e. it's only 'valid' at the time that it was done (this isn't a position I entirely accept). Arguably that is in itself a 'disclaimer' of sorts. As far as safety advisers go, they are responsible for what they are (found to be) responsible for, or accept responsibility for, but they are not responsible for EVERYTHING. This ties in quite nicely with a recent thread on 'responsibility'.
Phil Grace  
#6 Posted : 26 January 2011 10:45:09(UTC)
Rank: Super forum user
Phil Grace

Pete, I am with PhilR on this one... no one can be held responsible for everything. I'm not even sure what you are describing is a "disclaimer". Surely what you are talking about is a statement that describes the scope of what has been done, clarifiying that you can not comment on what you have not seen or inspected, not been told about etc. As professional if you saw a loading bay you would ask about workplace transport, whether there were risk assessments in place etc. But if you had not observed the arrival of the HGVs, witnessed the reversing, unloading with FLT etc you could hardly be expected to make detailed comments on the efficiacy of the risk management. You'd need to wait for the arrival of the vehicle or return another day to carry out your observations. Hope that helps Phil
Fletcher  
#7 Posted : 26 January 2011 11:47:46(UTC)
Rank: Super forum user
Fletcher

I have never used a disclaimer in an inspection report (either safety or engineering) because the report would have some or most of the following headings; Scope, Purpose/Aim, General Description, Summary, Report Details, Recommendations. depending on the complixity/depth of the inspection/audit. Under these headings I would explain remit of inspection, what was required to be done, what I had done, how I had done it, what I had found and what I think should be done. The report would be proportional to the risk. Take Care
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