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Toby Williams  
#1 Posted : 24 April 2015 17:29:43(UTC)
Rank: Forum user
Toby Williams

I understand that it is a legal requirement to document a risk assessment when you have over 5 employees, however, if you observe a task that does have significant risk and there isn’t a risk assessment in place but you can verify that the controls in place to control the risks are suitable and sufficient should you; a) allow the works to continue or; b) stop the works so that the task can be risk assessed and the controls documented???
David Bannister  
#2 Posted : 24 April 2015 19:42:49(UTC)
Rank: Super forum user
David Bannister

It appears that you have assessed the risk as adequately controlled. Therefore a risk assessment is in place. Why stop the work just to produce a piece of paper? Write down your assessment at the earliest opportunity and carry on.
Toby Williams  
#3 Posted : 25 April 2015 16:32:30(UTC)
Rank: Forum user
Toby Williams

Thanks for your response, can you define 'at the earliest opportunity'? Is it acceptable as a health and safety professional to observe this and advise the manager in control to do document the controls and then leave site, therefore leaving the potential for the controls not to be documented and the measures taken which were observed not to be followed which may result in an incident taking place?
bob youel  
#4 Posted : 26 April 2015 07:29:15(UTC)
Rank: Super forum user
bob youel

yes; as long as you have your back covered e.g. tell them on site and back it up on an ASAP basis with an email or similar in writing
torkee878  
#5 Posted : 26 April 2015 07:37:14(UTC)
Rank: Forum user
torkee878

I agree with responses above but would add that a documented RA is required where there are 5 or more employees not as the OP has stated where there are simply over 5 employees.
westonphil  
#6 Posted : 26 April 2015 11:30:04(UTC)
Rank: Super forum user
westonphil

Toby Williams wrote:
.........therefore leaving the potential for the controls not to be documented and the measures taken which were observed not to be followed which may result in an incident taking place?
What are the controls you observed and how did they come to be in place? Regards
DNTHarvey  
#7 Posted : 26 April 2015 12:42:21(UTC)
Rank: Forum user
DNTHarvey

Hello Toby You do not mention what controls you have in place and how they can verified. In the worst case and some dies, can you still verify the controls. Even if you have given extensive details to the individual and you tell them about the warning everyday. Can you prove this in court to a Civil level eg "on the balance of probability". If there is no auditable record of this I suggest i may tip against you. Dont think this has to be a written document though. It could be a picture/video of someone completing the task in the correct way. Good luck
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