CORONAVIRUS - 04.02.2021

HSE contracts out coronavirus visits

The HSE has employed contractors to undertake compliance checks on whether businesses are following coronavirus rules. What’s to know?

Departure from the norm. Previously, when a health and safety inspector called you could be sure that they were employed by the HSE or your local authority. However, the HSE has broken free from its traditional position and has engaged contractors to complete visits.

What to expect? Although HSE inspectors are completing coronavirus inspections, it has appointed a data collection contractor to bolster its numbers. However, the difference is that the contractor’s staff are not warranted. This means that they have none of an inspector’s powers. It should also be noted that any visits completed by the contractor’s staff do not fall under the HSE’s charging regimes, i.e. fee for intervention.

What are they checking? That businesses are complying with the requirements of the official coronavirus guidance. This includes that staff are wearing face coverings, hand sanitiser is freely available, temperature checks are being completed, social distancing measures are in place, etc.

Fact finding. Unlike an inspection completed by a warranted officer, this is a data collection exercise. But you should treat them the same, because if the contractor records the fact that your coronavirus arrangements don’t meet the criteria identified in the guidance, a follow-up visit could be arranged with an HSE inspector.

Tip. If gaps in your coronavirus arrangements are found, it’s certainly worth addressing them. If you don’t and the original visit is followed up by a warranted officer, you’re likely to face sanctions. Plus, as is always the case when the HSE do a site visit, they tend to look beyond their original remit and start to delve into all aspects of health and safety compliance.

Warning. The HSE has been keen to promote the fact that the coronavirus pandemic will not stop it from taking enforcement action against businesses which are deemed failing to comply with their obligations.

These coronavirus visits are to collect data on compliance standards. However, businesses identified as not on top of things will be reported to the HSE. Inspectors will follow up and take enforcement action.

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