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philb  
#1 Posted : 03 July 2012 09:37:08(UTC)
Rank: Forum user
philb

We were recently asked for our H&S file for a 1970's building which we occupy. We do have some information about the building but it is somewhat ad hoc. Has anyone out there taken the step of creating H&S file for buildings which pre date CDM. My feeling is that although there will be gaps in the file this will at least indicate where special care is required before we dive in and do work. Any thoughts?
sadlass  
#2 Posted : 03 July 2012 17:36:05(UTC)
Rank: Forum user
sadlass

Asked by whom and for what purpose? Sounds like a checklist question. Safety File? Tick. Your legal obligation is to inform of hazards of which you are aware, for the particular situation, so this is all you have to actually do. Of course, more recent asbestos and fire surveys should have identified some more specific details. Some are probably too young to know that CDM only introduced the safety file concept in 1994. My, where have those 16 years gone . . .
JohnW  
#3 Posted : 04 July 2012 14:10:28(UTC)
Rank: Super forum user
JohnW

sadlass wrote:
Some are probably too young to know that CDM only introduced the safety file concept in 1994. My, where have those 16 years gone . . .
So sadlass, you do know where the other two years have gone? :o))
sadlass  
#4 Posted : 04 July 2012 14:51:41(UTC)
Rank: Forum user
sadlass

Only 2 years missing? Glad you spotted my 'oops' moment - was beginning to think no-one cared . . or counted. Sad, sadlass
boblewis  
#5 Posted : 04 July 2012 20:57:03(UTC)
Rank: Super forum user
boblewis

I remember the 1994 regs as well so can I have the 2 years back please Bob
philb  
#6 Posted : 05 July 2012 11:40:23(UTC)
Rank: Forum user
philb

Thanks for the reply however the answers show why I dont often use this forum. I asked a sensible question only to be told what my legal obligation is --- which I know -- Thanks. Incidentally it wasn't a tick box question - it was asked by a construction inspector investigatng a serious accident.
Bob Shillabeer  
#7 Posted : 05 July 2012 12:10:16(UTC)
Rank: Super forum user
Bob Shillabeer

Philb you are quite wrong to say the things you have said in your last post. Most who [post on this forum make comments with the very best of intentions against a rather poor question in the first place. You say you don't use the forum very often and it shows a serious lack of understanding of how it work I must say. Many posters often drift off topic in some way or another, but mean no harm or disrespect. In your original post you failed to mention who asked for the H&S file or that it followed an accident therefore posters replied with only little background to your posting. Please remember people only react to the information in front of them and often misread bits of it and respond in part only or in error, not a crime as it is a discussion forum not an advice center.
jay  
#8 Posted : 05 July 2012 14:04:58(UTC)
Rank: Super forum user
jay

The specific legal requirement for a "health & safety file" started with the CDM 1994. It is likely that the information required in a Health & Safety File for pre-1994 projects was being provided in varying degrees, but not termed as such. If you have had a major refurbishment post 1994, that may help. Otherwise all you can do is to "compile" the information to the extent you can. Perhaps inform the HSE inspector of this.
philb  
#9 Posted : 05 July 2012 14:30:41(UTC)
Rank: Forum user
philb

Thanks for that reply Jay - it seems to me we need to gather what info we have on the building together and compile a H&S File based upon what we know. Where gaps exist - as they will - these will at least alert anyone who is planning work as to where special care or arrangements will be required.
Graham Bullough  
#10 Posted : 06 July 2012 10:14:19(UTC)
Rank: Super forum user
Graham Bullough

philb - Your added information at #6 that an HSE construction inspector has asked for an H&S file on the building certainly helped to put your original posting in better context. However, it raises a big question as to why the inspector - who ought to know that such files weren't a legal requirement before 1994 - has asked for one! Perhaps this aspect underlies your original posting. One possibility is that the inspector might be new to construction work, perhaps on secondment from another part of HSE. Anyhow, as inspectors are human and fallible like everyone else, some will makwe unreasonable requests, demands or refusals from time to time. Therefore, based on your knowledge of the circumstances and the inspector involved, it might be worthwhile politely asking him/her why they want a H&S file for a pre-1994 building. Also, if the inspector is only wanting information about a particular aspect of the building which relates to the investigation, why spend valuable time and effort gathering other information which isn't needed? Furthermore, it's possible that the information sought either simply isn't available or not without unreasonable cost and effort, etc - something which a reasonable and experienced inspector ought to be able to accept. Over time unreasonable inspectors tend to gain a reputation for being unreasonable. Therefore, if you believe the inspector in this case is being unreasonable, it might help to get second opinions by discreetly asking a few other OS&H people in your area what they think of the inspector and the situation involved. Obviously, for good reasons, do this by face-to-face discussion with them e.g. at network meetings or by phone with OS&H people you know.
jarsmith83  
#11 Posted : 06 July 2012 11:12:57(UTC)
Rank: Super forum user
jarsmith83

Surely the only "file" that should be compiled would be the Operation and Maintenance manual for the building? Onlt if you are considering changes to the structure etc would CDM apply?
jarsmith83  
#12 Posted : 06 July 2012 11:15:26(UTC)
Rank: Super forum user
jarsmith83

PS I have to agree with Philb on the use of this forhum sometimes. It seems that comments are usually of the petulatnt nature or include sacasim along the way however, I can understand the replies so far on this particular subject as the question predates any regs/guidance surrounding this issue. nevertheless, weird request from the inspector!
Graham Bullough  
#13 Posted : 06 July 2012 13:30:36(UTC)
Rank: Super forum user
Graham Bullough

Just to add to my earlier comments about HSE inspectors, forum users should note that inspectors - and indeed any enforcement officials - have line managers. In the case of HSE inspectors below the rank of principal inspector, it was and perhaps still is standard practice for the name and title of their line manager to be included on the letters they send out. (As I've not seen an inspector's letter for some time, can anyone confirm if this is still the case?) Therefore, if anyone thinks that an inspector persists in being unreasonable about a matter, they have the option of contacting his/her line manager to seek clarification/complain as appropriate. However, before embarking on this option, it's highly prudent to discuss and consider the situation with other OS&H people you trust, just in case you've misunderstand any aspects and/or have become too subjective. I did this myself some years ago with my then colleagues plus several other friends in IOSH before complaining to a principal inspector and higher still about an inspector who, everyone else agreed, was being highly officious and unnecessarily obstructive about a matter. Mind you, during my early years with HSE the top inspector for the HSE region in which I worked commented wryly that receiving complaints about his inspectors from time to time tended to reassure him that they were doing their work effectively! He may well have added that such complaints needed to be of the "right" type. Line managers who receive complaints of the "wrong" sort, i.e. justified ones about inspectors might be prompted to revise their impression about such inspectors and take appropriate action. p.s. Just to avoid any misunderstanding, the above comments are general ones and should not necessarily be interpreted as applicable to the situation raised by philb.
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