Rank: Forum user
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good morning all
this may well be an area for a legal specialist to provided detail
but at what point does a risk assessment become whole?
see recent post reply:
Your signature is in itself not a legal entity but a legal document does not become legal until it is whole and such documents are not whole until your signature is applied to that docunment so your signature then becomes legal.
please shed some light here, many thanks
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Rank: Super forum user
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A risk assessment is a process, not a document - a document entitled "risk assessment for X" merely records the findings of the risk assessment and there is no legal requirement for it to be signed. The only legal requirement for recording risk assessments is to record the significant findings - there is no prescribed format.
Once again I ask "What do you mean by legal document?"
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Rank: Forum user
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Hi Kate
i was just picking up on a previous post, and just wanted someone to elaborate
cheers
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Rank: Super forum user
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Kate is correct. However I would always advise that such documents are always adequately dated and it is clearly indetified as to who has undertaken the exercise via names and signatures
Such documents may never be 'whole' purley because of the nature of such documents but good quality exercises [specific & adequate depth etc] will demonstrate that management have done their best and in my experience if you get to court without your risk assessments etc adequately signed and dated you are on the 'back foot' before you try to defend yourself
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Rank: Forum user
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Also risk assessments cannot ever be written in stone - often while identifying a process/practice etc they may still be constantly changing - for example as each operator changes - and only after a review - due to incident/signficant change etc will you pick them up. We all know how difficult this process is and it is one reason whey there is no definitive risk assessment template I would suggest
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Rank: Super forum user
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Hi Carl,
Which post were you quoting?
Kate is bang on, RA is a process, not a document, and there is no such document as Risk Assessment. There is such a thing a record of the significant findings of the assessment, which has to be recorded where there are five or more employees, this does not have to be a document (see para 23 & 24 of the ACOP to the Management regs). I am at a bit of a loss as to how you might sign an audio recording (except by actually signing the medium, problem if it's a mp3 file) although in some senses an electronic record can be 'signed' by reference to the person who was logged on while it was compiled.
In other words, it's a complete red herring in my view. You identify your hazard, you evaluate your risks, you decide on control measures, and you record your significant findings (the previous three things). The process is legally binding, employers are required to do it. Any evidence that they have followed this process would be admissable in defence, even if it had been chewed by the manager's cocker spaniel rather than being signed,
John
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