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Fabian38069  
#1 Posted : 02 April 2020 08:50:00(UTC)
Rank: New forum user
Fabian38069

Hi

Statutory inspections are now, in the main being restricted to essential industries and premises where there are vulnerable people.

What advice are you giving if you are involved in a non-essential industry where a statutory inspection is due or overdue?

Unlike the MOT the HSE have not confirmed any flexibility, and in fact in respect of passenger lifts, have specifically said there is no flexibility.

Clearly if vital items of plant are taken out of service it will effectively close manufacturers down which seems unreasonable in the circumstances.

I can see a reasonable argument for, taking a practical and reasonable approach and following a Risk Assessment based approach, looking into alternative methods, past inspection record and maintenance record. But clearly this will not change the fact that the company would be in breach of legislation.

Bigmac1  
#2 Posted : 02 April 2020 10:08:13(UTC)
Rank: Super forum user
Bigmac1

Fabian what an absolutely brilliant question. Id be interested in peoples thoughts too.

A Kurdziel  
#3 Posted : 02 April 2020 11:13:15(UTC)
Rank: Super forum user
A Kurdziel

This is down to the HSE. They have the power to suspend or modify the regs in case of exceptional circumstances. If these are not   exceptional circumstances I am not sure what are.

My main issue is when equipment is not actually in use due to the lockdown. The normal inspections will not occur during the lockdown, as it might be difficult to get an inspector out.

Then, if you leave it, what happens when we go back to work. There will be a massive backlog of kit that needs retesting, which in theory, must be tested straight away before it can be used.  Will we be given some time to catch up?

chris42  
#4 Posted : 02 April 2020 12:23:54(UTC)
Rank: Super forum user
chris42

Because the HSE are scared to make a decision, in case it comes back on them. To be honest I doubt the HSE as a body look at these discussion pages and at H&S issues those in the front line. If they did, they would have done something about RIDDOR etc. Is IOSH doing anything? Who knows, we can’t even be sure they read these threads.

So, all the manufacturing companies etc who use any form of lifting equipment or other machinery could end up struggling as they are bound to have a few key items requiring examination during this period. Once one key piece of kit is out all stop. So manufacturing is allowed to continue until it can’t or a company decides to ignore the requirement and carry on. That’s a slippery slope.

Even if the HSE do put something out, it will either be vague or have a caveat in it about regular maintenance etc, but if you can’t get an inspection engineer out why would we be able to get maintenance people out.

Cake and eat it time, everyone to not go out, but at the same time everyone (except retail) go to work.

Xavier123  
#5 Posted : 02 April 2020 12:52:16(UTC)
Rank: Super forum user
Xavier123

Originally Posted by: A Kurdziel Go to Quoted Post

This is down to the HSE. They have the power to suspend or modify the regs in case of exceptional circumstances. If these are not   exceptional circumstances I am not sure what are.


??? I'm not saying that's wrong, but its certainly something I was absolutely not aware of and nor can I find any reference to any such power anywhere. In point of fact, the Executive is expressly forbidden in the Act from making legislation in the name of the Secretary of State.

What they can do is modify their stance on enforcement and likely will do where appropriate. 'So far as is reasonably practicable' has always been contextual for the goal setting legislation and even for strict statutory matters, non-compliance does not always warrant formal enforcement action.

PHIL SUPRA  
#6 Posted : 02 April 2020 15:07:38(UTC)
Rank: Forum user
PHIL SUPRA

Originally Posted by: Xavier123 Go to Quoted Post
Originally Posted by: A Kurdziel Go to Quoted Post

This is down to the HSE. They have the power to suspend or modify the regs in case of exceptional circumstances. If these are not   exceptional circumstances I am not sure what are.


??? I'm not saying that's wrong, but its certainly something I was absolutely not aware of and nor can I find any reference to any such power anywhere. In point of fact, the Executive is expressly forbidden in the Act from making legislation in the name of the Secretary of State.

What they can do is modify their stance on enforcement and likely will do where appropriate. 'So far as is reasonably practicable' has always been contextual for the goal setting legislation and even for strict statutory matters, non-compliance does not always warrant formal enforcement action.

I think you are correct.  I checked the HSE website yesterday and it clearly stated all Statutory inspections are required.  The problem I have is that one of these is an electrical test that requires a shut down of power to perform.  That is fine, but it also knocks out other services, such as wifi, which needs different engineers to reset and they are not priority.  However, lack of Wifi will knock on to other safety procedures in place.  

This whole COVID over-reaction is extremely damaging and I fear the medicine is far worse than the cure.  There has to be some sense applied here as the effects to other systems and to people is immense and must have far bigger safety consequences that are only just being realised by some...   The easiest example I can reference is the 6 month MOT extension.  How many are now going to be KOSI because of this?  I'm afraid I cannot agree that any kind of RA has been performed and fear we are going to have far worse outcomes than having just carried on but enforcing the Catch, Bin, Kill mantra.

A Kurdziel  
#7 Posted : 02 April 2020 15:33:22(UTC)
Rank: Super forum user
A Kurdziel

I think that Section 80 of HSWA covers this.  There are also provisions in some of the regs and finally the Secretary of State could pass an order under the Civil Contingencies Act. There are lots of ways to skin that cat.

declangibney  
#8 Posted : 03 April 2020 10:04:09(UTC)
Rank: Forum user
declangibney

Irish Health and Safety Authority Stance:

Advice for employers in respect to statutory examinations and testing

Several pieces of legislation enforced by the Health and Safety Authority contain provisions that require examinations and testing to be undertaken by competent persons at predefined statutory intervals. Such legislation includes the Safety, Health and Welfare at Work (General Application) Regulations 2007 (S.I. No. 299 of 2007) in respect to lifts and lifting equipment and the Safety, Health and Welfare at Work (General Application) (Amendment) Regulations 2012 (S.I. No. 445 of 2012), in respect to pressure systems.

The continued safe operation of such equipment depends, in a large part, on the continued safety of the equipment and accessories involved. Failures in this type of equipment can have significant or even fatal consequences for workers and members of the public. Duty-holders have a legal responsibility to maintain work equipment in a condition that is safe and to ensure that any required statutory inspections, examinations or testing is undertaken as required.

There is currently no derogation in respect of the provisions of the Safety, Health & Welfare at Work Act 2005 or its associated statutory provisions at the present time. However, the Authority recognises that employers, as a result of national measures to prevent the spread of COVID 19, may in certain circumstances, find it challenging to source the necessary competence to undertake such examinations. Notwithstanding any such difficulties, employers are reminded of their general duty to ensure, so far as reasonably practicable, the safety health and welfare at work of their employees and that of others who may be present at the place of work.

Additionally, employers must continue to ensure, so far as reasonably practicable, the design, provision and maintenance of plant and machinery so that it is safe and without risk to health. Should duty-holders have any concern about the continued safe operation or use of such plant or equipment, it should be removed from service until such concerns have been appropriately addressed.

In the event that engineering companies are suffering shortages in their resources, which may inhibit their ability to undertake such statutory examinations, consideration should be given to focusing available resources on equipment present at essential locations or which is critical to the operation of infrastructure and supply chains essential to the national interest at this critical time.

Employers are advised to follow the latest public health advice and to identify and implement suitable control measures to mitigate the risk of COVID-19 infection in the workplace. These measures should be communicated to all relevant employees and others at the place of work. Competent persons who are working on site where there are restrictions arising from the risk of COVID-19 should comply with site rules and also take into account public health advice around preventing the spread of COVID-19. Public health advice is available on the Department of Health, HSE and Health Protection Surveillance Centre websites.

During inspections, the Authority will take into consideration all matters of fact when deciding the appropriate level of action to take where any contravention of the relevant statutory provisions are observed.

As mentioned above, there is currently no exemption for or relaxation of the legislative requirements in respect to the undertaking of statutory examinations or testing. However, the Health and Safety Authority recognises this is a fluid situation, and we are keeping matters under review.

thanks 1 user thanked declangibney for this useful post.
chris42 on 03/04/2020(UTC)
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