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Posted By GPS
We recently had an unscheduled visit by the HSE. As part of our H & S and Fire Procedures we ask all visitors to sign in. I'm informed that when asked to do this the inspector refused. I am of the belief that we could insist on this before allowing them in.
I am aware of the powers of the HSE when visiting, but thought they needed to comply with local rules.
I'd appreciate any comments for the future.
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Posted By J Knight
Why would they refuse? Maybe somebody impersonating a Health & Safety Inspector? (I've often thought that that's a singularly pointless crime, myself).
I have been told that inspectors can be refused entry if they haven't had the training or the equipment to ensure their safety; for example to an area with high levels of radiation. I wouldn't think something as simple failing to sign a fire register would be a reason to forbid entry, after all the employer could ensure compliance with fire procedures by accompanying them while on site but it is a bit odd,
John
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Posted By Rachael Palmer
Whenever we've had a visit from HSE I've signed them in myself and escorted them around the premises.
I don't tend to leave them unaccompanied. If my presence is not required then I ensure another member of staff is present and that they know where to find me should the need arise.
You know the risks your business poses and they should comply with site safety procedures.
Could you put a note on the front of the visitors book explaining why visitors are required to sign in? You could point out the HSWA s3 duties/responsibilities.
You could also make a note of their refusal to follow site safety procedures in any subsequent report on the visit.
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Posted By Tabs
Hmm... interesting. I know where to look for his powers to enter the premises, but not your power to refuse if he doesn't comply with a local rule. The obligation to co-operate with h&s procedures only applies to employees.
The HSE would probably like all their inspectors to comply with local rules if they are innocuous, but I am not sure they oblige them to (never asked).
Seems very odd to me, but not a big problem considering I would expect him to be chaperoned everywhere.
I might mention it in correspondence (assuming I get some, and I am not in for the high jump).
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Posted By Salus
write a very stern letter of complaint to the inspector (they usually leave their card) their manager and the chief executive of the HSE Jeffrey Podger,0207 556 2100 (reception). State how the inspector did not follow your risk assessment requirements under the new fire regs.
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Posted By ddraigice
Usually, Inspectors would comply with basic rules such as this - I can see no reason why they wouldnt. But back in the day when I was one of these I had refused following some procedures such as waiting for a certain person to turn up just after they'd notified the asbestos contractors that I was on site but they are the only type of circumstances - i.e. where you know things are going on to sort things out. Never where there was obvious danger though.
In theory the inspector has the power to go wherever he wants so if you refused him entry it'd be a breach of HSW. He'd be pretty silly to go to a dangerous place such as where there's radiation as mentioned earlier - and it was (and probably still is) HSE's policy to undertake certain safety inductions e.g. at major hazard sites.
Ultimately they are not employees and HSE and the inspector would be liable if the accident was as a result of not following your rules.
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Posted By Dave Wilson
HSE are not employees however the HASAWA applies to them just as much as to you and me, so maybe Sect 3 might be relevant here. Just a thought!
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Posted By Tabs
Dave, might I suggest that section 7(b) is more applicable?
Section 3 does not place any obligation on an inspector as far as I can see.
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Posted By Steve Cartwright
I always think its best not to rub them up the wrong way. They can make life very difficult. Just put it down as one of those things. HSE knows best.
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Posted By ddraigice
Sorry - didnt make it clear. They are not employees of the company they are inspecting.
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Posted By J Knight
It was a LA Inspector, who I know offline as it happens, who stated on this forum that he could be refused entry to an area where he would be at risk of death or serious injury because of a process he had not had the training or did not have the equipment to deal with,
John
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Posted By Tony Brunskill
I think the point that Dave was trying to make was that s3 applied to ensure the welfare of persons affected by your undertaking. You are responsible for him. This would equally apply to an inspector who endangered someone as a result of their activities.
The Management Regs would probably be a better fit with regards to activities on Host Employers premises.
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Posted By Richard Altoft
signing adds no value unless it is a signature showing agreement to do certain things or having received certain things such as an induction or information. Once you know they are there as you do since they announced themselves, then you can account for them in a fire etc. Simply add their name to the list, escort them so they are "kept safe", be helpful and polite and then take note of and learn from or discuss anything they say.
Why the fuss? in 30 years I have never had a hard time from any HSE, Fire, BCO or LA Inspector or for that matter IR, C&E, VAT etc. They have a job to do.
R
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