CORONAVIRUS - ENFORCEMENT - 07.05.2020

Tearing up the rule book

The coronavirus pandemic has made it difficult to meet various health and safety standards. What stance is being taken by the enforcing authorities?

Hold off. Fortunately, bodies such as the HSE have been quick off the mark in addressing concerns about compliance during the pandemic. As soon as it became apparent that various recertifications could not be completed on time a flurry of announcements was made.

You’re in luck. In many cases it’s been made clear that the law has not changed, but it’s recognised that there could be practical difficulties for you in meeting the requirements. You’re advised to do your best, keep evidence of your endeavours, and complete the task as soon as possible when it’s business as usual.

The HSE’s view. The HSE wants you to co-operate with inspection bodies, to give access to lifting equipment and pressurised systems so that thorough examinations are completed on schedule. However, should you have insurmountable difficulty in accessing inspection services, you may be able to safely continue usage. Its statement suggests scenarios in which you may choose to operate equipment outside of its test regime and that it will “adopt a pragmatic and proportionate approach towards enforcement action for non-compliance ”. You’ll also find leeway in the requalification dates for fork lift truck drivers and first aiders, and sympathy if you’re unable to complete your gas safety inspections on time (see The next step ).

Tip 1. The chances are that if you’re having difficulty meeting a statutory inspection requirement you’re not the only one. But don’t assume it will be OK to delay. If you’re planning to take advantage of one of these easements, check the small print to ensure that it applies to you and you can meet the regulator’s expectations. Essentially, the law has not changed and if it goes wrong you could still end up in court.

Tip 2. Retain evidence to show why you were unable to meet the standard and the reasons for believing that the risks were adequately controlled.

For further information on temporary rule changes for scheduled inspections, training and more, visit http://tipsandadvice-healthandsafety.co.uk/download (HS 18.17.01).

Relaxations have been introduced but if you take advantage of one ensure that you comply with the small print to avoid legal action down the line.

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