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HSG150 - statutory compliance?
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plancaster  
#1 Posted : 26 June 2020 08:56:53(UTC)
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plancaster

Is the guidance given in HSG 150 - Health and Safety in Construction a statutory requirment?  Is it similar to an ACOP that has quasi legal standing? 

 

 
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CASSIDYP  
#2 Posted : 26 June 2020 09:09:54(UTC)
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CASSIDYP

HSG 150 seen as supporting ACOP L153, the legal standing is thus:

This guidance is issued by the Health and Safety Executive. Following the guidance is not compulsory and you are free to take other action. But if you do follow the guidance you will normally be doing enough to comply with the law. Health and safety inspectors seek to secure compliance with the law and may refer to this guidance as illustrating good practice.

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peter gotch  
#3 Posted : 26 June 2020 11:10:58(UTC)
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peter gotch

L153 is NOT an Approved Code of Practice. Like HSG150 it is guidance.
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CASSIDYP  
#4 Posted : 02 July 2020 09:20:20(UTC)
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CASSIDYP

It's L series guidance so would suggest that it holds equivalency to an ACOP.

I think that the diversity of undertaking within the construction industry would impede the publication of an ACOP per se.
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peter gotch  
#5 Posted : 02 July 2020 11:44:20(UTC)
Rank: Super forum user
peter gotch

PC

L (L for Law) series HSE publications were never all Approved Codes of Practice.

Some were ACOPs, some were a mix of ACOPs and guidance (including e.g. L144 that supported CDM 2007) and some were guidance.

L153 is guidance as indicated in paragraph 1 (below).

Some would guess that the deregulatory pressures that were being put on HSE influenced a decision not to have an ACOP to support CDM 2015.

1 This book gives guidance on the Construction (Design and Management) Regulations 2015 (CDM 2015). These Regulations cover the management of health, safety and welfare when carrying out construction projects. Subject to some transitional provisions (see paragraphs 181–186), CDM 2015 replaces the Construction (Design and Management) Regulations 2007 (CDM 2007) from 6 April 2015. From this date, the Approved Code of Practice (ACOP) which provides supporting guidance on CDM 2007 is withdrawn.

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thanks 2 users thanked peter gotch for this useful post.
aud on 02/07/2020(UTC), CASSIDYP on 02/07/2020(UTC)
Bigmac1  
#6 Posted : 02 July 2020 15:26:28(UTC)
Rank: Super forum user
Bigmac1

It does not really matter what its called does it.

The HSE will use it to show you are not meeting the requirement of health and safety regulation.

It is always best practice to use all HSE guidance to your advantage and dare ignore it at your peril.
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thanks 1 user thanked Bigmac1 for this useful post.
plancaster on 02/07/2020(UTC)
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