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I have been in discussion with a sub-contractor over some proposed work with asbestos, specifically the need to double bag / wrapping the asbestos before it is put into a lockable skip. They feel it does not need to be wrapped, where I pointed them in the direction of the A14 and EM9 documents that seem to say otherwise (since re-read L143, ACOP 24, para 360, which also states you must double wrap in polythene).
However during the discussion I wondered where these documents (A14 & EM9) sat in terms of legal status. ACOP’s are not law but you should be able to prove in court that you meet or better what they say, and guidance is guidance which you don’t have to do, but may be considered good practice. Are A14 & EM9 type documents just considered to be guidance or have they the same status as an ACOP?
There seem to be more and more of this type of document on the HSE website, how is everyone else viewing them?
Chris
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Rank: Super forum user
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Rank: Super forum user
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Thanks stevedm. An extract from the link is below but does not include these new documents ( or not clearly anyway). The A14 sheet refers to these new documents as “Advice sheets” in one place and in another it uses the designation of “a” for task sheet and “em” for equipment and method sheet, so which of the categories do they then fit into “Level 2” ? Or more of a requirement ?
Chris
Extract from HSE link
HSE is currently reviewing its guidance and presenting it to users in increasing levels of detail and specificity, allowing them to decide when they have obtained the ‘right’ level of information for their circumstances. These levels of guidance are arranged as follows:
Level 1 – Health and Safety Made Simple and the revised Essentials of Health and Safety
Level 2 – The ‘brief guide to…’ hazard based leaflets which explain risks in more detail and provide information on effective control
Level 3 – Guidance which goes into more detail and often includes case studies. This includes:
a) Industry Guidance (INDGs) which are industry or topic based guidance leaflets aimed at employers and workers.
b) Health and Safety Guidance (HSGs) which provide more comprehensive, detailed advice often including case studies and can be either topic or sector based.
Level 4 – Legal series guidance which present regulations, ACOP advice and guidance
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Rank: Super forum user
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Chris, it's an interesting question. As a rule industry tends to follow approved guidance regardless of its status in order to stay on the right side of the law, which ironically is the same as the CMA s8 'Factors for the jury' - which looks at, inter alia, health and safety guidance in relation to the breach regardless of its status. So, one wonders whether the legal status has any real significance - see extract below.
8 The jury may also—
(b) have regard to any health and safety guidance that relates to the alleged breach.
(4) This section does not prevent the jury from having regard to any other matters they consider relevant.
(5) In this section “health and safety guidance” means any code, guidance, manual or similar publication that is concerned with health and safety matters and is made or issued (under a statutory provision or otherwise) by an authority responsible for the enforcement of any health and safety legislation.
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