Risk Assessments

Now then, let me see - drive or not to drive ? Prob's depends on cost/benefit for driver minimum wage or benefits calculation if owner running a fleet of bangers and not got his ears on or hand in empty pocket ?

Same applies to others maintaining their presenteeism just to pay the bills.

Phil Im intrigued as to what DCPC's are? Also are the D1's unrestricted?. you need a policy in place for the van. Even if just a quick checklist that should be performed each morning.

How big is the van?
Has anyone checked the licences of those who drive it?
Lots of potential problems here

Phil

As for the van the bottom line is that the driver is responsible for its condition.

Barry

Thanks for the replies, which have helped, yet at the same time makes me feel more concerned.

We do have the new poster (just the one- in reception) and it displays only the HSE office about 40 miles away.

I am not permitted to carry out my own RA's, despite having, in the case of PAT tests, specific qualifications in that field, which the 'risk assessor' doesn't have.

If a RA is carried out, there is no consultation with anyone involved except management and the 'risk assessor'.

The exception is 'teaching heads of departments' who should "do their own" RA's, problem being that although they have been assigned Responsible Persons for their specific department not all have any knowledge that they have been given that role.

I am also concerned about the vehicle situation, (the minibus drivers have DCPC's and D1 PCV's - but staff that drive the rusty old van never check it, not even for washer fluid), as well as our workers working without barriers, warning signs etc on a public highway with loud machinery (such as petrol strimmers)

Maybe the best option is to get out.

It is no longer a legal requirement to display contact names if you are using the new style poster.

See extract below from HSE web site.

'The new approved poster does still have optional boxes where details of any employee health and safety representatives and other health and safety contacts can be added. It is not a legal requirement to include this information, but it may be helpful to workers.'

to answer your original question, if you write a risk assessment and method statement then you must be deamed as competent to do so.
once you have written it and signed it you should ensure that your workers sign to say they have read it, understood it and will abide by it.

workers should also carry out an on site ra to ensure that nothing has changed and no new hazards have presented themselves prior to work.

and YES YOU ARE RESPONSIBLE IF SOMETHING GOES WRONG.
Corperat Manslaughter came in to ensure that your bossess do not solely say you are to blame because they should be checking your work to ensure this is correct.
Your health and safety manager does not need to sign your ra's to be culpable, if he has not checked them and you have presented them to him then he too will most likely be prosecuted under several acts including CM 07.

just be happy and confident in yourability to write the risk assessments and if your not sure then ensure that you highlight this to your management.

Its called covering your A@@e

Phil,
I am currently working as a Health and Safety Manager, I will try and give you the answers but this is what i would do in your shoes not 100% legaslative.

Firstly, your health and safety poster should show:
for new poster - the site health and safety rep/appointed person, this person is nominated through position, location and qualifications. if you have more than one rep or a health and safety rep and a union rep then put these details below if not then it can contain details of the nearest fire warden or first aider as these persons would have an idea of how to help someone.
on ours we have my details and the area/regional health and safety manager.

if you have the older type then you are required to put the above details on and the details of the local hse office, available from the council directory and i belive you also put the environmental office on the old notices.

in all cases you should have a tel no, name and adress.

as far as risk assessments are concerned then mr spencer is right to a degree in the fact that it is the 'task' that is risk assessed so as to identify any potential hazards that can or may exist.
these should be evaluated and the risk 'managed and reduced' to ensure that the probability of the risk is reduced.
for example, you will write a risk assessment to carry out pat testing, one of the hazards you will identify is working with electricity to which you will then place a control measure, this control measure may be 'ensure that the item to be tested in switched off and unplug prior to checking the item for damages'.
why would you do this? because it is the first stage of any pat test and you do not want to get electrocuted by a bare cable etc.

i hope that has helped.

furthermore, i do not know transport law but i know that driving whilst at work will come under section2(2) and 2(3) of the health and safety at work act (to name just one of numerous acts this comes under such as 'the management regs) and requires a risk assessment.

if you write a basic RA for driving a vehicle at work, you can then adapt this for the differing situations such as driving with pupils in a car, a minibus etc
you should have policies that cover these activities as part of your quality management system too so refer to them for the rules and regulations in place.

if our workers share vehicles then they sign a decleration every time a driver changes, a quick road legal check is also verified.

i hope this all helps you, if not then please let me know.

No problem phil
I'm an internal company PAT tester myself.
We have numerous power tools ourselfs which have all been tested. However I'll only perfrom a RA for individual tasks. I'll not perfrom a RA for Managment of Electrical Equipment as this can cover a vast area, from a Drill's to a PC!

Your H&S poster
From what i understand you have to put whoever is responsible for H&S at you business on the poster- Name and Ext kind of thing

I have a couple of concerns on two separate RA issues that I am involved in:
1) Is it a legal requirement to have a RA for 'Management of Electrical Equipment'? As I am a 'PAT' tester I am always concerned that there is no RA's for electrics, whether working on, or using.
2) Is it a legal requirement to have RA's for transport using a public highway. Specifically; The small 'works van', which is used by various members of staff for various jobs.
Carriage of pupils (school) in private cars, yet on School business.
Carriage of pupils in fully licensed PCV vehicles operated by PCV qualified drivers (We are fully compliant with 'Hire or Reward' regs as we are a Private School -this question is specifically about RA's)

Any thoughts and advice on these are welcome, what I am mainly looking for is reference to any particular legislative advice.

Lastly, Can you confirm something;
The Health and/or Safety poster(s) that we have to display by law, I am of the understanding that they have to show the Responsible person for Health and Safety, is this correct?

Lastly, who can I complain to if there is repeated failures to comply with legislation?

Don't mean to hijack your post Graeme, just thought the advice would be helpful to us both.

Nothing but nothing is too simple for someone somewhere to screw it up and we are all responsible and can not deligate responsibility especially a minor.

Hence the phrase "reasonably forseeable" even if it would begger belief that someone somewhere could be that incompetent - just take a quick look at the Darwin Awards !

Don't forget the DSE users either as without an operaters induction course prior to use and regular risk assessments you are still going to end up with 58% subjectively reporting "Screen Fatigue" and the reduced capacity to sustain an ergonomically correct posture will produce a range of MSD's in upper and lower body (47%) and that is without getting into VTE's and DVT's or risk of PE's due to prolonged seated immobility (4 fold increased risk over 4 hrs)

25,000 'reported' deaths a year - more than the combined number of deaths attributed to road traffic accidents, HIV and breast cancer according to dotgov.!!!

As IOSH would say "The manager can delegate responsibility but not accountability" ultimately the manager is accountable so if it goes wrong, the buck stops with the H&S Manager.

I've recently performed around 150 risk assessments for the company I work for, some have risks which required attentions and some do not, all assesments with high risks are dealt with, but some are taking longer than others to finalise due to exspense , all are signed off by myself, with a second signature required for my H&S manager to sign, at the moment none of these have been signed and are not likely too.. The question i'd like to ask, am I responsible if there's an injury or a fatal injury related to one of my Risk Assesments? This is a grey area for me and i would like some clarification on the legalitise in the law courts. I know the chairman will be wholy responsible under corporate.
Do i need to push for a second signature to remove me from responsibily ???