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J0L0  
#1 Posted : 27 June 2017 07:56:25(UTC)
Rank: Forum user
J0L0

Dear All,

I work in construction industry and since I remember there was always perception that any organisation reviewing Risk Assessments / Method Statements, of their suppliers, should not "approve" them. This is to avoid transfer of accountability regarding which organisation has to ensure suitable risk assessment is in place.

Are you aware of any case in which company was successfully prosecuted for approving risk assessments of their supplier?

Regards,

 

Edited by user 27 June 2017 07:58:19(UTC)  | Reason: Spell check

RayRapp  
#2 Posted : 27 June 2017 08:47:28(UTC)
Rank: Super forum user
RayRapp

I don't really understand your question. If you are a contractor engaging a sub-contractor and they submit their RAMS for review you will ultimately own some responsibility for their SSoW if you accept the RAMS. It is not unusual for one or more organisations to be held accountable and prosecuted when things go awry.

I am aware of one instance where a major client in transport used to 'approve' contractors' RAMS, until that is a serious incident occurred and when the proverbial hit the fan they denied all responsibility...thereafter they only 'reviewed' contractors RAMS. In my view they still could be liable or partially liable.

Ron Hunter  
#3 Posted : 27 June 2017 09:28:10(UTC)
Rank: Super forum user
Ron Hunter

The employer can be held criminally liable for failure to ensure competency of his appointments. Scrutiny of RAMS is only a part of the process. The employer need not "approve" documents but he must be reasonably satisfied as to competency.

thanks 4 users thanked Ron Hunter for this useful post.
WatsonD on 27/06/2017(UTC), JohnW on 27/06/2017(UTC), Striker84 on 27/06/2017(UTC), gerrysharpe on 02/07/2017(UTC)
Woolf13  
#4 Posted : 27 June 2017 11:49:27(UTC)
Rank: Forum user
Woolf13

Hi,

There are plenty of prosecution examples on HSE RSS feeds where multiple companies have been prosecuted for serious safety failings, mainly construction related due to the duty holder roles under CDM.

So, yes you can be prosecuted if there was something glaring which you missed off a risk assessment review which then leads to a significant accident.

However, if you can demonstrate you have taken all the necessary steps through the procurement process, to review at pre-construction stage etc. then ultimately it is the contractor who you are employing as a competent organisation that would more than likely be prosecuted for sub-standard risk assessments.

Kate  
#5 Posted : 02 July 2017 08:04:05(UTC)
Rank: Super forum user
Kate

You can't be prosecuted just for "approving a risk assessment", you can however be prosecuted for allowing your contractor to work unsafely and this is what scrutiny of RAMS aims to prevent.  If you didn't bother to look at the RAMS, you could well be seen as negligent and thus more liable for unsafe work.

I would however use the terminology of accepting or rejecting RAMS rather than approving or disapproving them.  You're not asserting that the RAMS is correct, you are just saying that as far as you can see it isn't obviously deficient.

thanks 1 user thanked Kate for this useful post.
J0L0 on 02/07/2017(UTC)
damian2701  
#6 Posted : 03 July 2017 10:12:40(UTC)
Rank: Forum user
damian2701

I come across a multitude of risk assessments on a daily basis, all templated and presented differently, much of them containing different scales of detail, typically using the semi-quantitative risk matrix thus establishing a low medium high evaluation to arrive at a particular control measure,

However, on one occasion, a supply chain representative who issued their RA prior to being allowed on site challenged the fact that I had requested a particular task involving demolition of small structure to a former council dwelling to be broken down into more specific hazards instead of grouping them all together under one task and arriving at single risk rating for all identified hazards associated with that task e.g.

  • Premature collapse of structure
  • Falling debris
  • Overloading of floors
  • Contact with Live services
  • Inhalation of hazardous dust
  • Noise over action values
  • Protruding Nails within timber
  • Exposure to hazardous agents

The guy insisted that his Risk Assessment was indeed “suitable and sufficient” with the above being adequately assessed arriving at likelihood 4 x severity 4 = 16 concluding the task being “high risk” for all of the grouped hazards.

The fact remains that in my opinion you cannot give a single risk rating to a multitude of hazards as each carryies or warrants an individual assessment.

Any comments would be greatly received.

Damian

Hsquared14  
#7 Posted : 03 July 2017 10:41:56(UTC)
Rank: Super forum user
Hsquared14

Fully agree with you Damian - complex tasks require a breakdown of the risks.  Its the very argument I am having with contractors at the moment too but I'm finding that for some works dealt with by one Project Manager I get good RAMS while for other work with a different Project Manager I get really poor RAMS.  I think a lot of it depends on the competence of the person writing the RAMS, how engaged they are with the project, how engaged they are with H&S and overwhelmingly how LAZY they are!

thanks 1 user thanked Hsquared14 for this useful post.
damian2701 on 03/07/2017(UTC)
RayRapp  
#8 Posted : 03 July 2017 11:02:31(UTC)
Rank: Super forum user
RayRapp

Damian

I also agree that different tasks present different risks. Equally some risks are easier to control than others. So, to give what is in effect is a accumulative risk rating for a set of activities is pretty meaningless in my book. In a RA each task should be considered and significant risks articulated with or without a risk matrix and the mitigating controls applied. Not really rocket science I would have thought.

thanks 1 user thanked RayRapp for this useful post.
damian2701 on 03/07/2017(UTC)
aud  
#9 Posted : 03 July 2017 11:38:04(UTC)
Rank: Super forum user
aud

Does it matter providing the appropriate solutions are offered? Rating risks being guesswork anyway. 

The critical parts are:

1) making sure ALL significant risks (hazards, problems, issues, whatever) related to a project or task are identified,

2) having effective and thorough controls, via method statement, plan, set of procedures etc to resolve the safe & healthy management of the work and

3) - as a subset of 2 - these are clearly and understandably communicated to those who will be doing the job.

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