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sitesafe  
#1 Posted : 29 January 2013 07:51:29(UTC)
Rank: Forum user
sitesafe

Can any one tell me and show me where it is written if an actual permit form is a legal document in its own right.

Consider a situatuation where the risk assement, method statement, training,rescue plan etc is all in place ie confined space working and a company has permit to work system, once the Permit officer issues the permit to work is that document a legal document.

Cheers.
Kate  
#2 Posted : 29 January 2013 09:01:47(UTC)
Rank: Super forum user
Kate

It depends on what you mean by 'legal document'.

If you mean a document that could be required and be relied on as evidence in court proceedings - then yes. But in this sense, any relevant document can be a legal document.

If you mean a document that has been prepared or approved by lawyers, then clearly not.

If you mean a document that you are legally required to have, then no - it's your internal system that is setting the requirement. It may help you comply with broader legal duties, or to demonstrate that compliance, but there's no specific legal duty to have a permit.

If you mean a document that results in a legal requirement for someone to do something, then no. It's the internal system's requirement, again, that they do it. Of course the people involved do have legal duties eg to work safely, to cooperate, and so on, which might imply doing as the permit says, but there isn't any specific legal duty to do with permits especially. Requirements to do with permits might be in the terms of a contract, but then it's the contract that's the legal document.

What do you have in mind here?
Jake  
#3 Posted : 29 January 2013 09:03:11(UTC)
Rank: Super forum user
Jake

I'm not sure what you mean by legal document?

A Permit to Work (PtW) forms part of the Safe Operating Procedure (SOP) neither of which are "legal" documents, but the combined documents and procedures (including all of which you have stated) enable legal compliance.

A legal document would be an Improvement Notice, Prohibition Notice etc.

NB I think this thread would be more suited to general discussion than IOSH members forum.
aland76  
#4 Posted : 29 January 2013 09:24:42(UTC)
Rank: Forum user
aland76

I'm not sure I fully understand the question but would point you in the direction of the HSE document 'HSG250 - Guidance on permit-to-work systems: A guide for the petroleum, chemical and allied industries':

http://www.hse.gov.uk/pubns/books/hsg250.htm

This defines the role of the Permit, and although aimed at petroleum, chemical and allied industries, it is relevent to any company that uses permit to work systems i think.

Hope this helps
Alan
PH2  
#5 Posted : 29 January 2013 10:01:00(UTC)
Rank: Super forum user
PH2

IMHO, the Permit to Work would be covered by broad requirements of section 2 (2) (c) of the Health and Safety at Work Act: duty to provide information, instruction, training and supervision.

PH2
smith6720  
#6 Posted : 29 January 2013 11:08:23(UTC)
Rank: Forum user
smith6720

Kate's comments are spot on, Permits are part of your control measures, and is a way of ensuring that every thing is in place before the work activity starts, legal use, would be used in your defence
sitesafe  
#7 Posted : 30 January 2013 07:33:03(UTC)
Rank: Forum user
sitesafe

Thanks for all the replies, the question came about in a general discussion with other safety advisers and no one came up with a defined yes or no, However after reading all the responses then Kate's comment if you mean a document you are legally required to have, is probably the closet answer in the context of the discussion.
Thanks again to all who replied.
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