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MaddyFew  
#1 Posted : 26 October 2020 09:37:20(UTC)
Rank: New forum user
MaddyFew

Hello, I'm not an H&S person so please excuse me asking what is probably an obvious question.   Can an employee insist on seeing a written risk assessment for a task (where this is a big employer)?  If so is this stated somewhere, in case the employer is reluctant to provide it?

I am not sure how employees can comply with the requirements of a risk assessment for a task if its not being shared with them.  Also what can they do if co-employees that they are working with do not comply with the requirements of the risk assessment. 

Many thanks for your patience and in advance for your help.

Maddie

A Kurdziel  
#2 Posted : 26 October 2020 09:50:11(UTC)
Rank: Super forum user
A Kurdziel

I would say yes-

The Health and Safety at Work Act Section 2 implies that the employer must share relevant H&S information with their employees either directly or through their representatives.

More specific is regulation 10 of the Management of Health and Safety at Work Regulations which states that:

“10. (1) Every employer shall provide his employees with comprehensible and relevant information on:

  1. the risks to their health and safety identified by the assessment;
  2. the preventive and protective measures identified in the risk assessment …”

Why would they refuse to supply this information? What have they got to hide?

 

thanks 1 user thanked A Kurdziel for this useful post.
CptBeaky on 26/10/2020(UTC)
Kate  
#3 Posted : 26 October 2020 10:21:02(UTC)
Rank: Super forum user
Kate

There's no legal entitlement to see the risk assessment document itself, just the relevant findings from it which could for example be in the form of a work instruction, a handbook or indeed a toolbox talk.  These ways of presenting the information may be deemed more "comprehensible and relevant" than the document itself.

Having said this, I would be very suspicious of a company which kept its risk assessments secret from its employees.  This is not normal and suggests they are hiding something.

thanks 1 user thanked Kate for this useful post.
nic168 on 26/10/2020(UTC)
stevedm  
#4 Posted : 26 October 2020 11:37:38(UTC)
Rank: Super forum user
stevedm

Legally agree with AK... :)

So long as it is the affected employee and they are doing the task that the risk assessment relates to...

Why would you want to withold it?...you will have to give it up in a claim anyway at discovery...

A Kurdziel  
#5 Posted : 26 October 2020 12:50:25(UTC)
Rank: Super forum user
A Kurdziel

Based on my experience of HSE inspectors what they expect is some sort of grown up conversation between the employer and their employees (or their representatives). As Kate said it is not necessary for the employee to see the whole detailed assessment which might be very technical on the other hand the employer must provide a justification for the controls etc that they wish the employees to follow. Its not good enough simply to say “my way or the highway” if you want employees to comply with the safe system of work. HSE do expect the employees to have a certain level of understanding.  The classic one being if they see an employees carrying a containers of something is asking the employee:” what would you do if you dropped that bottle?”. They would expect the employee to answer the question quickly and to give an answer which shows they understand the risks involved.  The employee simply saying simply I’d mop it up or go and see the supervisor would not be evidence of sufficient instruction, information or supervision being provided. To do that they would need the information in the risk assessment.  

thanks 4 users thanked A Kurdziel for this useful post.
Kate on 26/10/2020(UTC), Wailes900134 on 27/10/2020(UTC), toe on 17/11/2020(UTC), aud on 18/11/2020(UTC)
AcornsConsult  
#6 Posted : 27 October 2020 07:34:05(UTC)
Rank: Forum user
AcornsConsult

Okay, in a complete reversal, One of the transport accreditation's (FORS), the system requires  drivers to be given the RAs, and yet when you speak to drivers few can translate what they have been given and to to apply it in their work.  
id agree with above, that supplying a copy of a document called risk assessment may be possible but often does not give any real value.  Perhaps the OP examples request is that there is a concern that RAs actually exist!

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A Kurdziel on 27/10/2020(UTC)
jamiejack29@hotmail.com  
#7 Posted : 13 November 2020 14:06:07(UTC)
Rank: New forum user
jamiejack29@hotmail.com

Agree with Kate

The law does not state any right for the employee to access the risk assessments. Only that the RA process must exist and be recorded in certain situations.  

The RA is a management-led process. Hence, the process is legally required in provision 10 of the Management of HS, correctly cited by A Kurdziel. The process should of course involve the employees exposed to the risks. 

As provision 10 states. It is important to provide safety information that is comprehensible and relevant. RAs are not always this.

A control measure in a specific RA, for example, may state "Specific SOP is written and followed by all employees". As an employee, reading this would provide limited use when controlling a risk. Only that they know there are SOPs to follow. However,  reading the SOPs provides comprehensible and relevant safety information. 

Providing RAs to an employee can be useful. However, providing RAs to employees is arguably not providing comprehensible information. 

Therefore, it is not a law to provide employees with access RAs because it deemed more useful to provide comprehensible and relevant safety information. 

chris42  
#8 Posted : 13 November 2020 15:12:13(UTC)
Rank: Super forum user
chris42

Originally Posted by: A Kurdziel Go to Quoted Post

I would say yes-

The Health and Safety at Work Act Section 2 implies that the employer must share relevant H&S information with their employees either directly or through their representatives.

More specific is regulation 10 of the Management of Health and Safety at Work Regulations which states that:

“10. (1) Every employer shall provide his employees with comprehensible and relevant information on:

  1. the risks to their health and safety identified by the assessment;
  2. the preventive and protective measures identified in the risk assessment …”

Why would they refuse to supply this information? What have they got to hide?

 


Yes, I would have thought they should be provided also.

Normally a SOP or SWP whatever you call them does not address the risks as in part "a" of the above, just the measures do "X" don't do "Y". A SOP will not include measures that the company / company management are required to do, just the employee.

So, I would have thought to actually comply then you would need to provide it. Unless of course they are not doing their part!

Then of course there are the duties of employee representatives, which could require them to have access to the actual assessment.

Chris

craigroberts76  
#9 Posted : 17 November 2020 09:15:31(UTC)
Rank: Forum user
craigroberts76

2 questions - 1) why wouldnt you? 2) how can they comply if they dont know whats in it?

we have fairly generic ones as the jobs we carry out on sites are pretty much the same, however sometimes sites insist on certain things that need to be put in, for instance no more than x amount of flammable liquids on site, orange PPE to be worn not yellow, MWEP to be used on solid boards and not the bare floor to help with weight distribution etc.

be open about it, then theres less of a "I wasnt told" reaction if something does happen

morganvw1  
#10 Posted : 17 November 2020 09:21:44(UTC)
Rank: New forum user
morganvw1

I know on our sites before any worker is set to task they will read their RAMS and sign to say they have done so and understood the risks stated within along with the relevant control measures.

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