Posted By J Knight
Thanks for this; not exactly interesting ;-) but very useful,

John

Posted By Fornhelper
Thanks for this

Anybody know if anything similar for Scotland ??

Regards
FH

Posted By Adrian Watson
Please note that the guidance contains factual errors.

Regards Adrian Watson

Posted By Adrian Watson
Pluto,

The factual error I found is as follows. Paragraph 57. States “The Order contains a requirement to record the “prescribed information” [IF] five or more persons are employed in order to maintain consistency with health and safety legislation. The prescribed information comprises the significant findings of the risk assessment (including the measures taken or to be taken, eg training and maintenance, consultation and coordination) and any group of persons identified as being especially at risk. Under the Order, the threshold of five or more persons includes those employees who may work from or in another place away from the premises concerned, for example an employer with three shops, each of which has two staff would employ six people and thus be under a duty to record the risk assessment for each shop.”

However, the wording of the order is different. Art 9. — (6) states that “As soon as practicable after the assessment is made or reviewed, the responsible person must record the information prescribed by paragraph (7) [WHERE]—

(a) he employs five or more employees;
(b) a licence under an enactment is in force in relation to the premises; or
(c) an alterations notice requiring this is in force in relation to the premises.”

[CAPS] My emphasis. AKW

Whilst we may or may not agree on the interpretation of “where” we can agree that the paragraph does not use the wording of the order; this has the potential to mislead enforcers, duty holders and potentially the court in its interpretation of the order.

If there is one error, there may be more. Please do not rely purely on the guidance, read the order and the guidance.

Regards Adrian