What worries me is this example from the consultative document:
You would think once the inspector had pointed this out to the company the action should have been to ask them if they agreed that more/better guarding was needed and how they proposed to do that. But no, a specialist inspector has to be involved at extra cost!
http://consultations.hse...393957.1/pdf/-/CD235.pdfExample 3:
As part of an inspection, an HSE inspector raises concerns regarding the level of
guarding on a bespoke piece of process machinery. The inspector has concerns that
employees may be able to gain access to dangerous moving parts of machinery
which could result in a significant injury. As the machine is bespoke and has been
adapted specifically for the processes undertaken by the duty holder, the HSE
inspector requires specialist assistance to determine what the most appropriate level
of guarding should be for this machinery. On the basis of discussions with the
specialist inspector the inspector forms the opinion that the machine is not
adequately guarded and employees could be significantly injured. The inspector
serves an Improvement Notice to ensure that the material breach of the Provision
and Use of Work Equipment Regulations 1998 is remedied. The inspector
subsequently revisits the site to ensure the duty holder has complied with the terms
of the Improvement Notice.
This was a material breach of health and safety law: Fee for intervention would apply
and HSE would recover the costs from the duty holder. This cost would include all
the time spent; i.e. the whole of the initial intervention when the material breach was
identified, discussing the issue with the HSE specialist, preparing the letter,
Improvement Notice and visit records, plus the time spent revisiting to ensure the
duty holder has complied with the terms of the Improvement Notice