Rank: New forum user 
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It was recently requested on a contract that I work on, that a flag be put up for the Jubilee Celebrations.
In light of this, it has now become apparent that the flag pole (secured on the outside of the premises 7 floors up, above reception entrance), has not been tested/inspected for quite some time (decades even). Due to the positioning of the flag pole, we are unable to check the condition immediately and will need to arrange alternative access.
But my question is, is anyone aware of a legal requirement that these need to be tested/inspected etc?
Thanks
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Rank: Super forum user
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Is it Friday?!!
Not heard of any specific requirement.
Guess it will fall under general duties of HASAWA to provide safe plant, equipment and workplace etc
Also under PUWER as the flagpole maybe considered to be an 'installation' so the rest of PUWER then applies, including inspection & maintenance. PUWER because it might have moving parts e.g. the cord and pulley to raise the flag.
Alternatively, it could be considered to be part of the building and so the Welfare Regs could apply. General maintenance requirements etc
Common 'duty of care' as an argument to maintain the flag pole.
Sounds like the Work at Height Regs apply, for the actual task of inspection, if you are 7 floor up!!
How about the Health Safety (Flag pole) Maintenance Amendment Regulations 1903 (SI 2314/03)
Maybe a British Standard could be cited/found?, but these are not legally binding
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Rank: Forum user
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I wouldn’t worry too much about a specific legal requirement, the HSE and the Civil Lawyers will let you know which one was breached, if it falls off and hits someone.
Speaking from experience, we had one fall off a wall at a fire station last year just missing a member of the public.
The securing bolts had rusted through.
Although we had a programme of building inspections in place, the condition surveyors didn’t look at it because they didn’t think it was part of the building fabric, services contracts didn’t pick it up as it wasn’t M&E.
It was a typical example of “nobodies’ job” and was only picked up because of the incident.
Needless to say, we now check our flagpoles. Even when you think your systems are good, there is always room for improvement
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Rank: Super forum user
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mw64 wrote:I wouldn’t worry too much about a specific legal requirement, the HSE and the Civil Lawyers will let you know which one was breached, if it falls off and hits someone.
Speaking from experience, we had one fall off a wall at a fire station last year just missing a member of the public.
The securing bolts had rusted through.
Although we had a programme of building inspections in place, the condition surveyors didn’t look at it because they didn’t think it was part of the building fabric, services contracts didn’t pick it up as it wasn’t M&E.
It was a typical example of “nobodies’ job” and was only picked up because of the incident.
Needless to say, we now check our flagpoles. Even when you think your systems are good, there is always room for improvement
I agree about things falling between areas of responsibility. I bet it’s something that happens just about everywhere to a certain extent.
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