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Posted By shaun mckeever
We all know that risk assessments have to be done for this, that and the other but I am not sure who has the right to see them. For example, if I wanted to stay at a hotel do I have the right to see the fire risk assessment whilst I am there? or does a parent have the right to see the glazing risk assessment for their child's school?
Just wondered
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Posted By Dave Wilson
Shaun,
I would have thought that any person who could be materially affected by the operations of an employer has the right to see a RA and to that extent the RA should take them into consideration but only if they are at 'substantial risk'.
Remember Sect 2,3 & 4 duties under HASAWA and as such RA would be used to ensure their safety.
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Posted By Adrian Watson
Shaun,
There is no duty to show anybody any risk assessment, however there are duties under Regulation 10 of The Management of Health and Safety at Work Regulations 1999. This regulation requires that:
(1) Every employer shall provide his employees with comprehensible and relevant information on -
(a) the risks to their health and safety identified by the assessment;
(b) the preventive and protective measures;
(c) the procedures referred to in regulation 8(1)(a) and the measures referred to in regulation 4(2)(a) of the Fire Precautions (Workplace) Regulations 1997;
(d) the identity of those persons nominated by him in accordance with regulation 8(1)
(b) and regulation 4(2)(b) of the Fire Precautions (Workplace) Regulations 1997; and
(e) the risks notified to him in accordance with regulation 11(1)(c).
(2) Every employer shall, before employing a child, provide a parent of the child with comprehensible and relevant information on -
(a) the risks to his health and safety identified by the assessment;
(b) the preventive and protective measures; and
(c) the risks notified to him in accordance with regulation 11(1)(c).
There similar duties under COSHH and many other regulations.
Thus there is not a duty to show anybody a risk assessment but there is a duty to ensure that significant risks are controlled and that employees, and some other groups, are provided with information as the health and safety risk present and the protective and preventative measures.
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Posted By Ken Taylor
Adrian is correct, of course. Employees are entitled to know what the risks are and how the risks are to be controlled. However, whilst there appears to be no duty to tell them what the assessed level of risk is or who could be affected (other than themselves), I would not want to be the one arguing to withhold that information if requested - and it can be simpler to make a copy of the assessment available than to find another way of proving subsequently that you did convey the required information. Others will be entitled to know of the presence of risks to themselves (that have been identified through an assessment process) under HASAWA, occupiers liability, common law, contract, etc (eg the presence of asbestos within buildings). I've never had a parent ask to see fire or any other risk assessments for their children's schools yet but I suppose it's bound to happen one day. We should, however, let them know what their children will be doing (particularly in educational visits) and should also ensure that the pupils themselves are aware of the risks and control measures associated with their school-work (eg in science lessons) as advised by the DfES and this is often best done within printed lesson notes.
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Posted By shaun mckeever
Thanks for the replies.
I was looking more specifically at people who may be affected but are not employees such as guests at hotels or children in schools. The school my daughter goes to is horrific with respect to both glazing and fire safety. I am not familiar with the standards required for glazing, it is not my subject, but I know a bit about fire. I advised the Head teacher of some of the things I identified and suggested a fire risk asessment be carried out.
Next door to the school is a well known large British organisation. the Head teacher called upon the Health and Safety officer to carry out a fire risk assessment of the school as a favour. I understand that he did the assessment during school holidays about six months ago. Since then there has been no improvement in the standard. I am talking about no/low cost things like removing obstructions from fire exit doors and safe storage of acetylene cylinders.
When I asked the head teacher about the results of the assessment I was informed that there weren't many things identified. I asked if I could see the risk assessment but to date I have still not seen it. As you see, I am not an employee nor is my daughter, yet we will both be significantly affected by a serious fire within the school. I do not know the reasons why I not being permitted to see the assessment but I suspect it is because it is inadequate.
As luck would have it, I went to a chamber of commerce dinner recently where the Chief Executive of the Council sat next to me - what a stroke of luck eh! He was disgusted to hear my story and I would anticipate a few changes after the summer break.
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Posted By Gerry Mcaleney
Hi shaun , I,m not sure on this but you may have a case under the DATA protection act although there are lots of loopholes in this act you could try asking under this law, further reading may be required on this at worst it would be a wake up call for those you have talked about and may move them to take the appropriate action. Gerry.
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Posted By Jerry Sanderson
Shaun,I am not convinced that as a parent you have the right to see the actual risk assessment.You do however have a right to know that it has been carried out and appropriate action taken.You also have a right to know that relevant information relating to emergency evacuation has been given to your daughter and that appropriate fire drills are carried out.
I would also steer clear of making statements such as the glazing safety being horrific if you do not know what the standards are as the school may well have carried out an assessment and put all necessary control measures in place.If they have done this then your statement could be seen as prevocative and any valid points you wish to make could lose their impact.
If you have particular concerns relating to your daughters school the best thing to do is to put these in writing to the headteacher.If you do not get a satisfactory response then you can contact the Governing body and/or the LEA.
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Posted By Ken Taylor
It is difficult to summarise adequately the requirements for glazing in the school but basically it needs to be safe in areas where there is a significant risk to persons from it breaking or their striking it. The main risk areas are doors, side-screens, areas below 800mm, swimming pools, etc and the control measures can include: laminated glass, toughened glass, thick glass, safety film applied to glass, small panes of glass, certain plastic substitutes, protective barriers, furniture positioned so as to prevent contact, designs printed, etched or stuck on glass to make it evident, etc. You will see, therefore, that it can be difficult to readily identify whether a particular piece of architectural glass is safe or not. There is no requirement for specific glass risk assessments but glass risk should be taken into account in risk assessments and the school maintained in accordance with the duties of the Workplace (Health, Safety and Welfare) Regs 1992. It would seem reasonable for you, as a parent, to seek an assurance that this is the case.
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