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nic168  
#1 Posted : 03 February 2020 11:58:00(UTC)
Rank: Super forum user
nic168

 I have been approachedunofficially to look at the kitchen of a village hall that is leased for functions. The approach has come about because of concerns about the hygiene of certain practices ( not really my area of expertise) and the posistion of the microwave oven.

The oven is mounted on brackets, well clear the worksurface, it is so high that I struggle to open the door straight and put things in ( I am 165 cm tall) which seems to me to be too high for many users, but I cannot find any guidance on this that can be used to encourage the comittee to move it.

The difficulty in opening the door also raises a question about the integrity of testing of the seal- does anyone know if there is any guidance out there for siting of Microwaves in this type of premises and whether or not they should be subject to seal tests.

ttxela  
#2 Posted : 03 February 2020 12:06:37(UTC)
Rank: Forum user
ttxela

Originally Posted by: nic168 Go to Quoted Post

 I have been approachedunofficially to look at the kitchen of a village hall that is leased for functions. The approach has come about because of concerns about the hygiene of certain practices ( not really my area of expertise) and the posistion of the microwave oven.

The oven is mounted on brackets, well clear the worksurface, it is so high that I struggle to open the door straight and put things in ( I am 165 cm tall) which seems to me to be too high for many users, but I cannot find any guidance on this that can be used to encourage the comittee to move it.

The difficulty in opening the door also raises a question about the integrity of testing of the seal- does anyone know if there is any guidance out there for siting of Microwaves in this type of premises and whether or not they should be subject to seal tests.

Surely just a simple risk assessment would inevitably conclude that a microwave placed so high as to render the door difficult to open is likely to result in something hot being spilled over someone sooner or later. I wouldn't expect many people to challenge this and expect a regulation to be quoted....

A Kurdziel  
#3 Posted : 03 February 2020 12:07:36(UTC)
Rank: Super forum user
A Kurdziel

I’d be worried about people spilling hot liquids on themselves. Usually these things are meant to sit on a work surface. Manufacturer’s instructions?

nic168  
#4 Posted : 03 February 2020 12:16:13(UTC)
Rank: Super forum user
nic168

 I have suggested that the RA is reviewed, to reflect this but I suspect that there is not one that includes the kitchen as they have diligently followed the HSE example for village hall.

The more I poke about in this kitchen the more concerns I have, as I have not been asked officially to get involved i don't want to come in heavy handed , so was hoping I could gently suggest that the current arrangement being in breach of legislation would invalidate insurance so they would just take it down!

Roundtuit  
#5 Posted : 03 February 2020 12:47:43(UTC)
Rank: Super forum user
Roundtuit

As a village hall it is not a workplace so PUWER would not be applicable.

The location of a domestic appliance has to my recollection never been reported as invalidating insurance. 

If it is so high you struggle to open the door what chance someone of similar stature being able to easily access the inside to keep it clean?

Roundtuit  
#6 Posted : 03 February 2020 12:47:43(UTC)
Rank: Super forum user
Roundtuit

As a village hall it is not a workplace so PUWER would not be applicable.

The location of a domestic appliance has to my recollection never been reported as invalidating insurance. 

If it is so high you struggle to open the door what chance someone of similar stature being able to easily access the inside to keep it clean?

A Kurdziel  
#7 Posted : 03 February 2020 13:11:54(UTC)
Rank: Super forum user
A Kurdziel

As this is a village hall as Roundtuit said PUWER etc does not apply but I can imaging someone being scalded trying to get something out of the microwave and then suing the owners for damages. Not sure what sort of insurance they have but they better check it.

 

Hsquared14  
#8 Posted : 05 February 2020 11:04:31(UTC)
Rank: Super forum user
Hsquared14

Just point out that at that height the risk of spilling a boiling liquid on your head outweighs any perceived benefits of fitting it at that height.  You will probably find that the person who put the brackets that high is probably 6'6" tall and it is just right for him (sorry bit of sexism there but most men forget to be inclusive of short women eg the chap who installed a mirror for me at his height in which all I could see was a faint wisp of the top of my hair!!!)   Down of soapbox now that I have combed my hair!!!

stevedm  
#9 Posted : 06 February 2020 07:49:27(UTC)
Rank: Super forum user
stevedm

...to be absolutley right about the responsibilities...People with control of Village halls have legal responsibilities under H&S to take reasonable practicale measures ...so to say the legislations such as PUWER doesn't strictly apply isn't quite right...the committee have no responsibility for the activities of others working there that is true, but they need to ensure themselves that it is being done safely as they have a join responsibility...as the committee itself even if it is all volunteers can still be classed as a legal entity under H&S...

There is specific food safety gudiance from the Food Standards Agency is available as an aside...

In this issue seems to be more ergonomic assessment such as REBA will identify the risks which will help with the actions.. 

thanks 1 user thanked stevedm for this useful post.
Roundtuit on 06/02/2020(UTC)
A Kurdziel  
#10 Posted : 06 February 2020 09:19:48(UTC)
Rank: Super forum user
A Kurdziel

Originally Posted by: Hsquared14 Go to Quoted Post

Just point out that at that height the risk of spilling a boiling liquid on your head outweighs any perceived benefits of fitting it at that height.  You will probably find that the person who put the brackets that high is probably 6'6" tall and it is just right for him (sorry bit of sexism there but most men forget to be inclusive of short women eg the chap who installed a mirror for me at his height in which all I could see was a faint wisp of the top of my hair!!!)   Down of soapbox now that I have combed my hair!!!

That was me!

chris42  
#11 Posted : 06 February 2020 09:23:44(UTC)
Rank: Super forum user
chris42

Originally Posted by: nic168 Go to Quoted Post

 the kitchen of a village hall that is leased for functions.

It’s a business! So PUWER etc does apply.

Chris

Roundtuit  
#12 Posted : 06 February 2020 10:16:30(UTC)
Rank: Super forum user
Roundtuit

As a business who is the employer and who are their employees?

https://www.hse.gov.uk/work-equipment-machinery/puwer.htm

I read this more as a landlord / renter arrangement

thanks 2 users thanked Roundtuit for this useful post.
Dazzling Puddock on 06/02/2020(UTC), Dazzling Puddock on 06/02/2020(UTC)
Roundtuit  
#13 Posted : 06 February 2020 10:16:30(UTC)
Rank: Super forum user
Roundtuit

As a business who is the employer and who are their employees?

https://www.hse.gov.uk/work-equipment-machinery/puwer.htm

I read this more as a landlord / renter arrangement

thanks 2 users thanked Roundtuit for this useful post.
Dazzling Puddock on 06/02/2020(UTC), Dazzling Puddock on 06/02/2020(UTC)
chris42  
#14 Posted : 06 February 2020 10:49:28(UTC)
Rank: Super forum user
chris42

Originally Posted by: Roundtuit Go to Quoted Post

As a business who is the employer and who are their employees?

https://www.hse.gov.uk/work-equipment-machinery/puwer.htm

I read this more as a landlord / renter arrangement

From that link

"If your business or organisation uses work equipment or is involved in providing work equipment for others to use (eg for hire), you must manage the risks from that equipment"

When they hire the hall are they not also hiring the equipment in it ie microwave?

The people that hire will they all be Mr & Mrs Smith doing a birthday party for their child or could it be a get fit class or Slimming class, which are also a business.  

Roundtuit  
#15 Posted : 06 February 2020 11:06:27(UTC)
Rank: Super forum user
Roundtuit

So by your argument a microwave/fridge/freezer/dish-washer/washing machine in rented accomodation (student, buy-to-let, holiday, council, housing association, caravan) become work equipment? Each aspect being the owners/landlords "business".

You have also assumed access to the kitchen is freely given (in our local church hall it is a separate and additional rental whilst the scout hut does not permit any external use of their kitchen and keeps it locked).

If you are talking about a plant hire company or a commercial catering equipment rental firm then I can see the business link to the PUWER regs.

thanks 2 users thanked Roundtuit for this useful post.
Dazzling Puddock on 06/02/2020(UTC), Dazzling Puddock on 06/02/2020(UTC)
Roundtuit  
#16 Posted : 06 February 2020 11:06:27(UTC)
Rank: Super forum user
Roundtuit

So by your argument a microwave/fridge/freezer/dish-washer/washing machine in rented accomodation (student, buy-to-let, holiday, council, housing association, caravan) become work equipment? Each aspect being the owners/landlords "business".

You have also assumed access to the kitchen is freely given (in our local church hall it is a separate and additional rental whilst the scout hut does not permit any external use of their kitchen and keeps it locked).

If you are talking about a plant hire company or a commercial catering equipment rental firm then I can see the business link to the PUWER regs.

thanks 2 users thanked Roundtuit for this useful post.
Dazzling Puddock on 06/02/2020(UTC), Dazzling Puddock on 06/02/2020(UTC)
CptBeaky  
#17 Posted : 06 February 2020 11:20:54(UTC)
Rank: Super forum user
CptBeaky

I don't think it matters if it is work related or not. Surely we have a duty of care to people even when we are not at work. I would recommend they move it, because it is dangerous. Given that they OP stated that the room was leased and the microwave seemed to be getting used during this, I think it is safe to assume that people are being put at risk. Therefore, tell the committee, owners or whatever, that in your opinion it is dangerous. In terms of the likelihood of hot spillages, the hygiene risk from awkward cleaning, and I would suspect the risk of someone falling off a stool if they did try to clean it properly.

Roundtuit  
#18 Posted : 06 February 2020 11:35:36(UTC)
Rank: Super forum user
Roundtuit

None of the subsequent posts have any problems with protecting people.

What the OP is after is some document or legal text they can pass (most likely through oters) to a committee who has not officially asked for their intervention.

Roundtuit  
#19 Posted : 06 February 2020 11:35:36(UTC)
Rank: Super forum user
Roundtuit

None of the subsequent posts have any problems with protecting people.

What the OP is after is some document or legal text they can pass (most likely through oters) to a committee who has not officially asked for their intervention.

RVThompson  
#20 Posted : 06 February 2020 12:06:28(UTC)
Rank: Super forum user
RVThompson

thanks 3 users thanked RVThompson for this useful post.
Roundtuit on 06/02/2020(UTC), chris42 on 06/02/2020(UTC), Dazzling Puddock on 06/02/2020(UTC)
Roundtuit  
#21 Posted : 06 February 2020 12:12:47(UTC)
Rank: Super forum user
Roundtuit

That third paragraph under Management Committee is likely the answer to the OP

The management committee

A management committee can be regarded as a legal entity under health and safety law, even if it doesn't employ anyone and is only made up of volunteers.

It has no responsibility under the Health and Safety at Work Act for risks created by the work activity of others, such as those maintaining the building, or for the activities organised by those who use the hall.

However, where a management committee has control over the hall, they should take reasonable measures to ensure the hall, and any equipment or substances provided there, are safe for the purposes visitors are expected to use them for.

Where more than one person or organisation has control over a building, they will all have joint responsibility for it.

thanks 4 users thanked Roundtuit for this useful post.
chris42 on 06/02/2020(UTC), nic168 on 11/02/2020(UTC), chris42 on 06/02/2020(UTC), nic168 on 11/02/2020(UTC)
Roundtuit  
#22 Posted : 06 February 2020 12:12:47(UTC)
Rank: Super forum user
Roundtuit

That third paragraph under Management Committee is likely the answer to the OP

The management committee

A management committee can be regarded as a legal entity under health and safety law, even if it doesn't employ anyone and is only made up of volunteers.

It has no responsibility under the Health and Safety at Work Act for risks created by the work activity of others, such as those maintaining the building, or for the activities organised by those who use the hall.

However, where a management committee has control over the hall, they should take reasonable measures to ensure the hall, and any equipment or substances provided there, are safe for the purposes visitors are expected to use them for.

Where more than one person or organisation has control over a building, they will all have joint responsibility for it.

thanks 4 users thanked Roundtuit for this useful post.
chris42 on 06/02/2020(UTC), nic168 on 11/02/2020(UTC), chris42 on 06/02/2020(UTC), nic168 on 11/02/2020(UTC)
chris42  
#23 Posted : 06 February 2020 12:17:05(UTC)
Rank: Super forum user
chris42

Originally Posted by: Roundtuit Go to Quoted Post

So by your argument a microwave/fridge/freezer/dish-washer/washing machine in rented accomodation (student, buy-to-let, holiday, council, housing association, caravan) become work equipment? Each aspect being the owners/landlords "business".

You have also assumed access to the kitchen is freely given (in our local church hall it is a separate and additional rental whilst the scout hut does not permit any external use of their kitchen and keeps it locked).

If you are talking about a plant hire company or a commercial catering equipment rental firm then I can see the business link to the PUWER regs.

Yes you are correct, if the people who hire the hall have absolutely no employees ( no direct cleaners, handymen, caretaker) and the hall is not being hired to other businesses who have an employee ( or their employees have no access to this equipment) then no it does not apply.

However, the OP posts suggest others are permitted to use. The link does suggest that if you hire something for someone else’s employee to use then PUWER does apply. I was not suggesting halls of residence for students or home rental, but other organisations or the business who is doing the hiring.

As normal only the OP has the answers to these fine details, but does seem to me it’s quite unlikely there will not be a business with an employee using the facility now or in the future. (even one man / woman bands unless they are a director, they pay themselves a wage and so become employees.)

Chris

nic168  
#24 Posted : 11 February 2020 18:45:47(UTC)
Rank: Super forum user
nic168

 Thank you all for the thoughts and ideas. I think Roundtuit has nailed it with the HSE link.The comittee know what the HSE is and so the argument that they have a responsibility will have some weight. I took another look at the microwave and the comment about cleaning was spot on- it is quite ripe as clearly no-one can reach the top- about 0.5 cm grease up there.

Roundtuit  
#25 Posted : 11 February 2020 19:05:12(UTC)
Rank: Super forum user
Roundtuit

RVThompson found the link - merely brought the words on to the forum
thanks 2 users thanked Roundtuit for this useful post.
RVThompson on 12/02/2020(UTC), RVThompson on 12/02/2020(UTC)
Roundtuit  
#26 Posted : 11 February 2020 19:05:12(UTC)
Rank: Super forum user
Roundtuit

RVThompson found the link - merely brought the words on to the forum
thanks 2 users thanked Roundtuit for this useful post.
RVThompson on 12/02/2020(UTC), RVThompson on 12/02/2020(UTC)
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