Rank: New forum user 
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Hello,
I'm after some advice with regards to the Workplace (Health, Safety and Welfare) Regulations. I recently conducted a risk assessment on a work space and found that it was of insufficient size for the number of people working in it. The room equates to 9.2 cubic meters per person when there are 4 people working in it instead of the required minimum of 11 cubic meters.
The response that I received to my concerns was that the space can be deemed as compliant. The reasoning for this is that the work area is manned 24/7 and there are only the maximum of 4 people working in it for 6 hours a day Monday to Friday (shifts overlap so that you have four people working in the area for 6 hours each day). I'm being told that there are not four people working in the room "normally" and the space is therefore compliant.
I want to be able to provide as strong an argument as possible to try and get an improved working space for those concerned and would appreciate any advice. I'm particularly interested in whether it is written anywhere that "normally" can be read as daily.
Many thanks in advance,
Barnaby.
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Rank: Super forum user 
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Are these 6 consecutive hours or is it just for short periods at the beginning and ends of shifts? If it's six hours at a stretch then certainly the 11 cubic metre rule would apply, otherwise I guess it is down to judgment... and reasonable practicability,
John
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Rank: Forum user
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I think the regs are quite clear.
Look at the guidance in L24, reg10, including schedule 1.
No mention of "normally"
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Rank: Super forum user
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Didn't look in the schedule, you're right, that says 'at any one time',
John
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Rank: Super forum user 
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Notable that recent revision to L24 moved the 11 cubic metres from ACoP to Guidance.
What risk did your assessment identify resulting from a lesser p.p. volume?
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Rank: New forum user
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Thanks for the responses.
Yes, it is six hours at a stretch. I quoted "normally" because the person who is disputing this is referring to the HSE INDG244 leaflet titled Workplace Health, Safety and Welfare - A Short Guide for Managers. The leaflet says "the volume of the room when empty, divided by the number of people normally working in it, should be at least 11 cubic meters".
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Rank: Super forum user
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Personally, I would feel more comfortable working in a 9m3 space with a 3m ceiling than I would in an 11m3 space with a 4.2 m ceiling.... 'Cos I'd have more floor area....
The legal obligation is for "sufficient" floor area, height and unoccupied space... Whether a room has insufficient area, height or unoccupied space depends on what is being done, amongst other things...
And, to be really, really pedantic - the 11m3 'limit' in the schedule does not apply to 'new' (post workplace regs) workplaces, and only applies to "older" workplaces where the workplace was covered by the factories act prior to the workplace regs coming in. But I guess that's splitting too many hairs....
Steve
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