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leegriff  
#1 Posted : 10 November 2014 11:30:23(UTC)
Rank: New forum user
leegriff

Hi I am looking into the powers of the HSE in domestic properties specifically owner occupiers. Basically I am trying to find information on when the HSE would investigate an incident with say a faulty boiler in a private house and under what legislation the regulations were developed. It seems that it could be a bit of a grey area. If an owner occupier were not to cooperate what position would this put the HSE in?
paulw71  
#2 Posted : 10 November 2014 12:04:52(UTC)
Rank: Super forum user
paulw71

The HSE cannot force a homeowner occupier to undertake an annual service or inspection of their gas boiler although they "strongly reccomend" it is undertaken. Should an incident occur in a domestic property and it was found to be due to a fault in the installation of the boiler or design/manufacturer fault with the boiler itself it would then become HSE matter and should the HSE require access to investigate they have legal authority to do so. If the resident refuses the HSE would probably contact police to assist or get a court order to obtain access. "1. Inspectors appointed by an enforcing authority under section 19 HSWA have extensive powers to carry into effect any of the relevant statutory provisions.1 The powers set out in sections 20(2) and 25 HSWA include powers to: Enter any premises which inspectors think it necessary to enter for the purposes of enforcing HSWA and the relevant statutory provisions. They may only enter at a ‘reasonable time’, unless they think there is a situation which may be dangerous.2 If they have reasonable cause to expect serious obstruction, they may take a police officer;;3 "
toe  
#3 Posted : 10 November 2014 22:53:44(UTC)
Rank: Super forum user
toe

I read this with interest. We had a care worker trip and fall in a person home when she was providing support, resulting in a few days off work. She alleged to have tripped on a carpet grip bar between a door threshold that was loose (unsafe condition). The person would not let me into their home to investigate the incident, and there it was left as it was relatively minor event. I wonder how the HSE/LA would conclude their investigation if it was a RIDDOR incident and the home owner refused entry.
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