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#1 Posted : 20 May 2009 11:38:00(UTC)
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Posted By Ucan
I along with some other work colleages are currently in a heated discussion on Health and Safety auditing. Part of my role is to carry out site H&S audits when our employees and contractors are installing machinery on customers sites. These sites can be anywhere in the world basically.

My manager is saying that the "Customer" should pay for these audits to be carried out, not the company.....I disagree with this as I wouldn't expect these inspections to be booked against the contract as they are a company requirement rather than a contractual one.

I need to send him an email now with the legal bits added in....

Anyone add more to this?
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#2 Posted : 20 May 2009 11:51:00(UTC)
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Posted By Lee Mac
Ucan

Auditing is a vital aspect of any successful health & safety management system- refer to HSG65.

Whether or not the costs can be contra-charged depends on the on the way the contract is set up which will determine whether or not the customer/client wishes to have a copy of the audit.


Lee

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#3 Posted : 20 May 2009 12:03:00(UTC)
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Posted By Richard Altoft
Assuming UK legislation applies then 1974 ACT says must do all that is reasonably practicable and it is reasonably practicable to test what you have put in place and audit is a good safeguard against a Director being found under S37 to have consented etc and good way never to reach the chance of CM prosecution through neglect. Better still is Reg 5 of MHSW Regs 1999 which is an absolute obligation (Not a SFARP obligation) to make and give effect to arrangements to ..... monitor ...... protective and preventative measures. That includes audit if the size and complexity take you beyond inspections. HSG65 and ACOP to MHSW Regs para 36 might help.
R
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#4 Posted : 20 May 2009 12:16:00(UTC)
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Posted By Jay Joshi
This is a financial/contractual matter regarding how you recoup the cost of the Audits, irrespective of the reasons, including health and safety, for carrying them out. If it is not currently included as a contract condition, I cannot see how you can start charging the customer/client unless they agree.

I would have thought that if your organisation had robust systems of cost accounting, this would not be an issue at all as it would have been recovered as a contract condition or would be included in the price quoted for the equipment, even if it is not separately itemised.
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#5 Posted : 20 May 2009 12:23:00(UTC)
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Posted By Raymond Rapp
Agree in principle with Jay. Auditing or inspecting your staff whilst installing equipment for a customer is surely your company's choice and would be regarded as good practice.

Can't see how you can transfer the cost of this process to the customer unless you have agreed in advance via a contract or whatever. No real legal impositions in this matter as far as I am concerned.
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#6 Posted : 20 May 2009 12:55:00(UTC)
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Posted By Andy Brazier
I can see a difference here depending on the nature of your business. If you sell equipment to a customer, install it then leave it with them I can't see audit being related to the customer in any way. However, if you provide a service over a longer term that happens to involve you installing some equipment I can see there may be aspects of that audit that relate to the customer.

Can you explain your situation. Either way it is unlikely to be legal but contractural.
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#7 Posted : 20 May 2009 13:09:00(UTC)
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Posted By Ucan
We install presses for customers on their sites, which can take months to complete the full installation. Sometimes there could be more than one press being installed.

We send out our own engineers and employ contractors to help with the installation.




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