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B.Bruce  
#1 Posted : 08 February 2011 12:47:15(UTC)
Rank: Forum user
B.Bruce

At our site we have, on occasion, a requirement for emergency repair work to be carried out or for areas to be made safe - usually following flood damage, water ingress, damage as a result of burglary, etc. We use a contractor for this work - a small 2-man company which is 'forced' upon us by the senior management team and owners of the company. They have submitted Risk Assessments and Method Statements for site maintenance which is carried out at various times throughout the year - some bespoke improvement projects, others are more general maintenance works. I am developing a dynamic risk assessment form to be used by our own Facilities Team but was wondering what users thoughts were on allowing the contractor to use this form to make their own assessment in emergency call-out situations? I'm thinking along the lines of plausible insurance liability risk as we are providing paperwork for the contractor to use and stipulating that they must use? Your thoughts please..................
Canopener  
#2 Posted : 08 February 2011 14:55:29(UTC)
Rank: Super forum user
Canopener

OK I'll try and have first crack. I think this is a slightly curious post. You mention ALLOWING the contractor to use it but then suggest that they would HAVE to use it. You also refer to "..plausible insurance liability risk..". I wonder if you could elaborate on what you mean by that? Insurance is....................insurance and likewise liability is; liability. Both your company and the 2 man company would require ELI and I suggest public liability insurance would also be very highly recommended, especially for the latter. I have always considered risk assessment to be a 'thinking process' and a form to be merely a method of recording the outcome, and providing information to others. For the most part I personally don't particularly like forms that have lists of generic hazard and precautions that 'lead' people to certain conclusions if in doing so it stops them thinking outside of the confines of the form. I suggest that the need to conduct the RA lies with the contractor and suggest that you let them use their own methods to do that. I personally would avoid 'foisting' upon them one of your own systems unless you are convinced that it is entirely suitable for the situation and sufficiently robust.
firesafety101  
#3 Posted : 08 February 2011 15:08:33(UTC)
Rank: Super forum user
firesafety101

Risk assessment is a requirement of law placed upon the employer. If these people are not employed by you then you should not do their risk assessments. However, and I have recently been in this position, where the workers are on site and do not have a risk assessment why not assist them by providing some guidance, perhaps in the way of a generic assessment for then to bring up to site/task specific or even just a blank template, at least it will get the risk assessment carried out and the work can go ahead - safely.
Warhammer  
#4 Posted : 08 February 2011 15:14:30(UTC)
Rank: New forum user
Warhammer

HI First go on a forum for some time. As this is a small two man operation, there is a good chance that they wont have risk assessments with bells and whistles on. The main point is, does the risk assessment and method statement provided provide confidence that they have covered all the risks and know what they are doing? I agree with Phil Rose, the form is just where the thoughts and controls are recorded. I have accepted lots of bullet point method statements and hand written risk assessments because I can tell that they get it. They don't have to be long and detailed or in a particular form. Its more important that they they understand the risks and work safely
Bob Shillabeer  
#5 Posted : 08 February 2011 15:18:53(UTC)
Rank: Super forum user
Bob Shillabeer

Dinamic risk assessments is often a cop out situation where the main body cant be bothered to undertake even the simplist risk assesment. They prefer under a misconception that it releaves them of all responsibility. There are some circumstances when an on the spot risk assessment may be appropriate but in the circumstances you suggest of repairs to premises after such things as floods etc do not differ in many ways from normal maintenance works in buildings. It is possible to have generic type risk assessments such as the use of ladders that set out the conditions they are to be used which covers all ther relevent risks such as sound footing of the ladder not over stretching etc. The use of blank forms to fill in trnds to lead the person down the road of making the circumstances fit the generic answers and is not a real test of the risks that are present. Dinamic risk assessment should be done by those who are competent to undertake these assessments and not a simple exercise in form filling.
B.Bruce  
#6 Posted : 08 February 2011 16:21:09(UTC)
Rank: Forum user
B.Bruce

Thanks for the replies guys, Sorry guys, it looks like I didnt explain things clearly enough. Phil - Yes, ourselves and the contractors have relevant insurance. I am of the opinion, and I agree with Chris on this, that we should assist small companies who may not have an adequate understanding of the MHSW Regs and of risk assessmnet requirements. However, I am aware that too much assistance can increase a companies civil liability, in terms of vicarious liabilitiy. Yes, they currently provide risk assessments to cover typical tasks, demonstrating that they have assessed the hazards posed by their work/projects being undertaken. However, in emergency situations, for example in the middle of the night when a water pipe has burst and is causing flooding in an office space, there may be additional hazards which they should assess and control. I was thinking a so-called 'dynamic' assessment could be used by the contractor to identify these hazards and implement suitable controls. I have seen a similar type of system in a refinery where, albeit maintenance personnel and not contractors, complete a site based assessment prior to each job - to reflect any changes in the work area, the task or the current conditions since the last formal risk assessment was completed. However, the point/question I was seeking thoughts on related to potential vicarious liability-type scenarios - if we develop and issuing the 'dynamic' risk assessment document do you think we are putting ourselves (the company) at increased risk by requesting the contractor to use a document which they didnt develop?
firesafety101  
#7 Posted : 08 February 2011 17:34:28(UTC)
Rank: Super forum user
firesafety101

The form I gave the contractor recently is a copy of that in the HSE website, 5 steps to risk assessment where there are many example risk assessments. The way I see it if it's good enough for HSE to use it's good enough for me to use. If it's not broke don't fix it!
RayRapp  
#8 Posted : 08 February 2011 17:55:17(UTC)
Rank: Super forum user
RayRapp

There was a similar thread to this recently, in theory you do not increase your liability if you provide a DRA with which your subbies use. Plagiarism is rife in this business and we all use similar documents, whether that is a method statement, RA, CPP etc. Moreover, I do not think they could not argue the job went wrong all because the PC provided the documentation - the subbie is still required to tick the box on the DRA and make sure it is signed off. Incidentally, whilst the employer may be responsible for RAs pursuant to MHSWR, it does not say where or how the employer gets the RAs from. I expect not all my colleagues will agree with my line of thought - but there you go.
Merv  
#9 Posted : 08 February 2011 18:30:41(UTC)
Rank: Forum user
Merv

DRA is an additional step to assess immediate risks. Additional to the original, maybe generic catch-all RA on which operators will have/should have been trained. The DRA happens when they arrive at the job site and take a minute or two to assess any hazards which may not have been covered by the RA and/or to assess the degree of risk TODAY from new or previously identified possible risks. A DRA form can serve as a simple (and I reallyreally mean simple) checklist to remind the operators of what they could possibly find. Observations may or may not be documented. Just to emphasise, the DRA is IN ADDITION to the RA. No RA ? No job. Merv
boblewis  
#10 Posted : 08 February 2011 18:48:06(UTC)
Rank: Super forum user
boblewis

I would simply add to Merv's comments that DRA continues throughout the task otherwise it ceases to be dynamic and is merely an unwritten task assessment. DRA is an addition not an alternative. Bob
Bob Shillabeer  
#11 Posted : 08 February 2011 19:30:52(UTC)
Rank: Super forum user
Bob Shillabeer

boblewis is correct, the risk assessment should continue throughout the job as circumstances can change, but there is not enough time to write it down. This is common sence working, if it becomes dangerous you would stop and reassess the situation. In that sence dynamic risk assessment is the wrong title it should be working risk assessment as it is continuos at the time the job is being done. This would cover only emerging danger and not just a formal process.
boblewis  
#12 Posted : 08 February 2011 23:02:49(UTC)
Rank: Super forum user
boblewis

Bob S Could split hairs over terms but what the heck. The key is to assess the task before you start and to continuously assess it as the work proceeds. In this sense it is dynamic Bob
Bob Shillabeer  
#13 Posted : 08 February 2011 23:45:16(UTC)
Rank: Super forum user
Bob Shillabeer

boblewis, exactumondo. The point is the general risk assessment is quite easy to have as a template that sets the standard system for contyroling the risk, where there is additional one of risk thwe need to asses them is quite important. My mainpoint is that employers (not general) seem to be getting into a system of dynamic risk assesment simply to avoid them doing the RA in the first place. Still feel that Dinamic Risk Assessment is a cop out by certain employers.
Ron Hunter  
#14 Posted : 08 February 2011 23:50:04(UTC)
Rank: Super forum user
Ron Hunter

Have to trust that the senior management team and owners of the company who are appointing this small 2-man contractor are also carrying out routine & reasonable due diligence to satisfy themselves that the contractor is competent. Given the nature of the work I would expect these people to be able to demonstrate (e.g.) formal asbestos awareness training (CAR 06 Reg 10) and there should be sufficient cooperation and coordination so as to ensure that, in dealing with one emergency, they do not create another - i.e. and asbestos incident. Given the (necessarily) close relationships you need to build with these chaps there should be every opportunity (if not absolute requirement) to share common systems and processes.
boblewis  
#15 Posted : 09 February 2011 10:07:40(UTC)
Rank: Super forum user
boblewis

Bob S Precisely my problem with so many attempts to use DRA. There can never be any reason not to have a task assessment before the work starts - it is after all what regulation requires. The generic approach only works when trained persons use the base model assessment to produce the final TRA. We need competent workers undertaking assessment of the task as they proceed if we are ever to reduce the many accidents that are occurring. From a management system perspective all the quality, environmental and safety standards all seek competent persons but third party auditors are not always pushing this very hard and they stop at training alone as being equivalent to competence - which is not true as we both recognise. Bob
firesafety101  
#16 Posted : 09 February 2011 10:57:40(UTC)
Rank: Super forum user
firesafety101

Why do we all assume the risk assessment should be written? Doesn't the number of employees and significant findings come into it anymore?
RayRapp  
#17 Posted : 09 February 2011 11:25:10(UTC)
Rank: Super forum user
RayRapp

Good points Chris. Personally, I think RAs are often nothing more than 'paper' safety which only serve to protect the employer's back. Many activities are dynamic and require those undertaking the task to be competent in the task. RAs are not the Philosopher's Stone. Despite a legal requirement we should not be so obsessed with RAs, most of which are generic and often not read by the staff anyway. It's time to move on me thinks to more positive h&s initiatives. When I was a train driver I did not refer to RAs when I had an operational problem, training, experience and how to seek advice or assistance is what got the train moving...
firesafety101  
#18 Posted : 09 February 2011 13:36:37(UTC)
Rank: Super forum user
firesafety101

When I was a train driver I did not refer to RAs when I had an operational problem, training, experience and how to seek advice or assistance is what got the train moving... and I though it was the engine and wheels ....................... (Sorry - couldn't resist).
Ken Slack  
#19 Posted : 09 February 2011 13:50:16(UTC)
Rank: Super forum user
Ken Slack

We rely heavily on DRA's as a backup to our Generic and Specific RA's, we stipulate that if a DRA has been employed that it is formally recorded within a reasonable period on a risk assessment form. Our perspective is that DRA's are accountable, and as such should be written down (eventually)...
boblewis  
#20 Posted : 09 February 2011 18:02:06(UTC)
Rank: Super forum user
boblewis

K I feel a little uncertain about what is happening in your system. DRA is as it states on the tin - Dynamic- only long term changes identified in a DRA should be transferred into a written ra otherwise it would be clogged with issues that may never arise again Bob
Ken Slack  
#21 Posted : 10 February 2011 11:25:36(UTC)
Rank: Super forum user
Ken Slack

Bob, We go down the route that legislation states all risk assessments must be suitable and sufficient, communiicated to personnel and recorded. If one of our staff makes a DRA, it will be in an operational context, and as such, is recorded to ensure that the decision making process was correct and reasonably practicable. If we don't record them then how can manage them both in a legal and quality context. If an issue could be foreseen happening again then any relevant Generic or Specific RA's are updated.
Bob Shillabeer  
#22 Posted : 10 February 2011 11:40:29(UTC)
Rank: Super forum user
Bob Shillabeer

I seriously expect to be shouted at for these comments but here goes. The Dinamic risk assessment process is in my view being used as a cope out by many employers, thats one target. If the risk assessment is undertaken in a proper manner it should identify all significant risk and develop means of reducing or eliminaating that risk to as low as reasonably practicable. This risk assessment should be recorded and made known to anyone who is affected by the work in question. A so called dynamic risk assessment should identify what else is likely to happen that is not foreseable by the original risk assessment during the specific situation someone finds when confronted with a specific senario. If this is a gap in the original risk assessment write it down and pass it on for the original risk assessment to be reviewed. That is what this dynamism is about not a be all and end all means of employers dodging the duty to risk assess what they ask people to do. The thing that concerns me and it seems to be widely used is the responsibility to undertake suitable and sufficient risk assesments has beome a case of pushing it down to the lowest level possible so senior management can't be challenged. Waiting for responces now.
Ken Slack  
#23 Posted : 10 February 2011 11:44:37(UTC)
Rank: Super forum user
Ken Slack

Nope, Right there with you Bob, our DRA's are used in an operational envronment for unforeseen issues, we record them for reasons of probity, but also because they are risk assessments, and we are bound to record all risk assessments by law....
Bob Shillabeer  
#24 Posted : 10 February 2011 12:19:11(UTC)
Rank: Super forum user
Bob Shillabeer

Ken, it is good to see some common sence, but one thing not all RAs need to be recorded by law. So called dynamic risk assesments are done by millions of people every day, try whatching someone crossing the road. They do a dynamic risk assessment by looking to see if any vehicles are coming, they dont need to write that down. In the Managment of Health and Safety at Work ACOP under reg 3 acop para 23 it states that employers, Etc, with five or more employees must record the significant findings of thier risk assessment. That does not require every RA to be recorded, although good practice may well make it advisable.
boblewis  
#25 Posted : 10 February 2011 21:17:19(UTC)
Rank: Super forum user
boblewis

Bob S and I are singing not just from the same hymn sheet but the same book. You cannot simply record a "DRA" as though it was a formalised assessment. The HSE have never questioned me over this approach and all they have looked at is the initial TRA and the training of operatives for DRA. I think Ken's organisation have become typical of most of the petrochem industry where cost is never an issue and everyone expects once in many billions failure rate. Believe me I have experienced this with many oil companies. Bob
Ken Slack  
#26 Posted : 11 February 2011 11:12:33(UTC)
Rank: Super forum user
Ken Slack

Bob L, My organisation don't write DRA's into formal risk assessments, unless the hazard/risk can be foreseen happening again. However the decision making process is recorded as many of the decisions have far reaching impacts on the organisation and the wider public. Glad I don't work in the oil industry.
ptaylor14  
#27 Posted : 11 February 2011 11:30:31(UTC)
Rank: Forum user
ptaylor14

B.Bruce wrote:
At our site we have, on occasion, a requirement for emergency repair work to be carried out or for areas to be made safe - usually following flood damage, water ingress, damage as a result of burglary, etc. We use a contractor for this work - a small 2-man company which is 'forced' upon us by the senior management team and owners of the company. They have submitted Risk Assessments and Method Statements for site maintenance which is carried out at various times throughout the year - some bespoke improvement projects, others are more general maintenance works. I am developing a dynamic risk assessment form to be used by our own Facilities Team but was wondering what users thoughts were on allowing the contractor to use this form to make their own assessment in emergency call-out situations? I'm thinking along the lines of plausible insurance liability risk as we are providing paperwork for the contractor to use and stipulating that they must use? Your thoughts please..................
A 2 man company does not have to record risk assessment, 5 or more must be in writing problem solved!!!
David H  
#28 Posted : 11 February 2011 12:48:40(UTC)
Rank: Super forum user
David H

ptaylor - technically correct But they still need to risk assess and how do you prove you have done this without recotding it
Canopener  
#29 Posted : 11 February 2011 12:50:36(UTC)
Rank: Super forum user
Canopener

Interesting. Most of us carry out DRAs each and every day without resorting to recording the findings etc, and I would agree that many work related DRAs do not necessarily need recording, and that there would be little to be gained in terms of managing the health and safety risks, and serve to do little more than create unnecessary paperwork. I would have thought that in the example that we are discussing, that most of the risks could be adequately controlled by using generic RA's. Of course striclty there is no requirement to record every RA but rather to record the SIGNIFICANT findings. The danger with considering and recording every risk is that you lose sight of the 10 ton weight dangling over your head on a piece of frayed string!
JonB  
#30 Posted : 11 February 2011 15:29:41(UTC)
Rank: Forum user
JonB

'2 man team... forced on by senior management'? There could be some nepotism there but actually doing things in this way has many benefits. The small team should become intimate with your site and systems of work and this in itself will help in managing risks. You won't get this with a large contractor sending a different team each visit. Are there concerns as the competence of the contractors, hence the wish to have even a DRA documented? If so these should be higlighted to senior management. They have done 'generic assessment's' and I agree with others who have said these should cover most scenarios. If anything is out of the ordinary, surely there's going to be communication between the two parties, and an agreed approach (in other words a DRA). I don't see any need to record it or review the generic assessment unless there's a significant difference that's likely to be repeated. If things are that out of the ordinary maybe a step back is required an a new assessment done and recorded? At the end of the day, if something goes wrong we should be able to explain what decisions we make and why. If we are thorough then we should be able to defend our actions, if not the investigation will probably find the assessment (dynamic or generic, written or not) was not suitable or sufficient. In other words we messed up!!
firesafety101  
#31 Posted : 12 February 2011 16:16:58(UTC)
Rank: Super forum user
firesafety101

I did a dynamic risk assessment on Thursday when I went to sign off a new welfare facility (portable cabins inside a compound). When I arrived the cabins were in place but no compound as the block and mesh had not arrived, it did turn up while I was there. How is it getting off the wagon I asked, Hiab was the answer - just one problem - someone had stolen all slings off the wagon. The decision was made to handball off and three of us did it with the help of the vehicle driver. I assessed the hazards and risk and decided it would be OK so allowed it to go ahead. No problems, no accidents or injuries and no paperwork.
cliveg  
#32 Posted : 12 February 2011 18:51:48(UTC)
Rank: Forum user
cliveg

In the Emergency Services we are usually faced with unique situations that are fast moving, no two emergencies are ever the same. We seek to put in place 'generic' risk assessments that cover the various types of situation as best we can, to provide those responders with a bank of options they can draw on to deal with a specific emergency - hence the use of the term dynamic risk assessment. DRA should be on the spot selection from a pre-defined set of control measures, but the system also allows for flexibility to switch to other options as a situation develops. I can't see any reason why such a system could not be adapted for use in the circumstances described in the first post. Hope this helps. Clive
David H  
#33 Posted : 12 February 2011 19:12:52(UTC)
Rank: Super forum user
David H

Must agree with Clive. DRA should be used when there is so much variables and ponderables that the emergency services encounter. A split second decision requires to be made on the spot. But the learnings are communicated as Clive says to give a range of learnings and outcomes that people coming across something similar have a heads up of sorts. Chris - can I suggest that what you did was NOT a DRA as you had ample time to make judgements and was in total control of the siuation and could have recorded significant issues if you wished. A police officer on the chase of an armed person does not have that luxury. I am not saying an assessment needs to be recorded but difficult to prove you considered risk if you cant prove it. Also Chris - should you not be highlighting the issue of lack of slings so it does not come up again? Or indeed how you managed to do it safely? David
firesafety101  
#34 Posted : 12 February 2011 21:15:51(UTC)
Rank: Super forum user
firesafety101

David - unnecessary paperwork. We should all be looking to reduce the time taken on writing reports and risk assessments - instead of the other way round. The shortage of slings will be highlighted when the driver gets back to the depot. The task was obviously carried out safely, it was not high risk anyway. I'm not comparing what I did with the tasks emergency services are confronted with day in day out but a dra can be carried out anywhere by anyone. I agree you can't prove it was done if it is not in writing but where do you draw the line?
B.Bruce  
#35 Posted : 14 February 2011 16:45:04(UTC)
Rank: Forum user
B.Bruce

Thanks again to everyone who replied. ptaylor14 - My original posting wasnt questioning the legalities surrounding risk assessments or the MHSWR. I am aware of the legal requirements, but thanks anyway! ChrisBurns - agree with you there about paperwork...............but where do we draw the line? This is what I struggle with - im trying to broaden my experience and skillset and this forums is helping in a big way. The issue is - we are currently in the HSE spotlight following a very serious accident which occured almost 12mths ago (before my time) involving a contractor onsite. I am trying to build a titanium butt-shield for the company (and myself) and to demonstrate to the regulator that we have stringent but flexible systems in place to deal with every eventuality. I often find it difficult to gauge how far to go with paperwork - especially recording the fact that a risk assessment TRA or DRA has been carried out...........and insurance companies only make that job even more difficult. Its rather difficult to argue the case with a loss-adjuster if you cant demonstrate it in writing. I do have concerns about the contractor however our hands are tied at the moment and we have to use them. Unfortunately, thats the way family-owned businesses are sometimes. I have baby-sat the contractor through the RA process and encouraged him along the way. His TRA's are suitable for specific project related work but I will be introducing a DRA process to cover emergency callouts should he be called out to site in the middle of the night by the FM to 'make safe' any emergency joinery/water issues. cheers guys
boblewis  
#36 Posted : 14 February 2011 19:19:11(UTC)
Rank: Super forum user
boblewis

You are dropping back into DRA being an alternative to TRA this should NOT happen. The TRA process must be capable of being used for all relevant tasks. DRA is an addition. Bob
Bob Shillabeer  
#37 Posted : 15 February 2011 00:04:22(UTC)
Rank: Super forum user
Bob Shillabeer

B.Bruce, slow down a bit. You say in your last posting that you are trying to cover any call out situations. That does not mean you can rely on dynamic risk assessment. The situation is a possible method of work therefore you should have a risk assesment to cover the eventuality of this arising. Reliance upon dynamic risk assessment is a simple cop out of your responsibilities or at least of your contractor. You need to be very careful on what you do as the responsibility rwsts with your contractor and to hold his hands to much could put you in a very undesirable position as he could claim you have taken responsibility from him. Lead him yes but the decision must rest with him as to what he does, you can decide afterwards if this meeets your company's requirements but this must be managed very carefully.
B.Bruce  
#38 Posted : 15 February 2011 08:34:57(UTC)
Rank: Forum user
B.Bruce

The dynamic risk assessment will be used IN ADDITION to his generic task-based risk assessments - maybe I again didnt make that clear (my bad!).
B.Bruce  
#39 Posted : 15 February 2011 15:56:18(UTC)
Rank: Forum user
B.Bruce

Okay - having spent some time today actually researching what a dynamic risk assessment is I have come to the conclusion that I have been misinformed by colleagues - it appears not to be what everyone in the office thought! The old adage, never ASS-UME springs to mind!! Anyways, I now have a much improved understanding (wouldn't be hard!) of the purpose and process of DRA and will be discussing this with colleagues later in the week. What I had planned to introduce is not a DRA at all and will be reviewing our plans in light of comments made in this posting. I have to say this is a great forum to help broaden the knowledge of novice H & S professionals and I thank everyone again for responding to my posting. Its a little embarrassing to find you're wrong in front of your peers but hey............we all live and learn.
boblewis  
#40 Posted : 16 February 2011 23:39:28(UTC)
Rank: Super forum user
boblewis

There is no shame in admitting lack of knowledge it is a prime sign of competence Bob
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