Posted By John A Wright One of my small customers employed me as their safety consultant last year, a one-day-a-month visit arrangement. They are just a small modern unit building, front entrance, twenty electrical machines, 12 staff, one rear fire exit. On the first couple of visits we sorted some paperwork out, particularly his insurance documents where he had to state he had a safety officer or give the name/address of a safety consultant. I also conducted a fire risk assessment for the site. There's twenty machines, very small amounts of flammable liquids in aerosols, some foam and plastic in the building, shutter-door at front, one rear fire exit. I gave him my assessment but would not print a inspection 'certificate' because on both days the escape route to the front exit was partly obstructed, and the escape route to the rear fire exit was obstructed, the fire exit door was LOCKED and outside of that there was a gate which had a padlock on the OUTSIDE. Several months later the fire exit is still locked, the padlock is still there and I have told him three times I refuse to enter the site till that is sorted (I had planned to train fire marshalls and conduct PUWER assessments on all the machines etc.). He doesn't seem bothered, he keeps things locked for security, and I suspect he's just happy to have my name/address on his insurance documents. But where do I stand? Looking at my copy of the Fire Risk Assessment document (it's a 4 page document) the relevant points I've made are: C3. rear exit escape route - keep clear at all times; unlock padlock during work time D3. Significant Findings - Rear fire exit is locked. Find key or new lock for the door - Rear gate is padlocked. Fit new padlock/chain that can be unlocked from inside. I've also noted that fire marshall(s) should be instructed/trained to unlock the fire exit door/gate during work hours. So where do I stand, if they have a fire at that site have I written enough that I am not liable? Should I contact the insurance company and tell them I am no longer his safety consultant? John W, TechIOSH

Posted By Martyn Hendrie John, I was in a not dissimilar position a few years ago. A new client who called me in because the HSE were investigating them refused to act on my advice (even on the most basic matters) In the end I sent him a letter BY RECORDED DELIVERY telling him that I was no longer willing to be his H&S consultant. I also advised him of the IOSH register of consultants to help him find someone else. If you decide to walk away make sure that you have proof that you have terminated the contract and when it took place.

Posted By Halesowen Baggie I wouldnt worry about it John, You have carried out your part of the deal with a suitable and sufficient risk assessment. It is up to the client if he does not carry out your recommendations. Your RA would hang the client, not you!

Posted By Tabs John, Take a read of the IOSH Code of Conduct too - it has guidance as to what is expected of members. At point 7 it says that you can ask IOSH for advice, I would take that opportunity. Personally, I think this is a case of imminent danger and I would be inclined to report it. Regardless of the management, the people working there deserve protection and you know what that should be. It may be uncomfortable for you, but a locked escape route could mean deaths and that would be on your conscience, regardless of fault. See http://www.hse.gov.uk/workers/whistleblowing.htm

Posted By Andrew M COuld you not just take a pair of bolt cutters with you next time and charge them for an additional service?! I doubt he'd want to take action against you and you would be being proactive. ANdrew

Posted By Halesowen Baggie Being a consultant myself, I would not get much sleep or piece of mind if I worried about whether all my clients had carried out my recommendations!

Posted By Tabs "The HSE etc would probably take no action because of their work load etc" Sadly, there are cases that HSE are delayed in - but then this would best be mentioned to the enforcing fire officer, who in my experience will not be delayed. It is a moral decision, and I am chilled by some responses here ... but I realise it is a personal issue.

Posted By water67. Hi, I agree with most of the responses, get out and let the relevant people know. I note you assert you hoped to reduce risk for this company and of course we all feel the same and do our best. But we all need to realise that any client, manager etc can carry the risk, we need to make sure they realise they also carry the burden of consequences should it go belly up. We do our best within our knowledge abilities etc. That's all we can do. Unfortunately in some cases we then just have to walk away. Cheers.