20 April 2020
HSE Statutory Inspections (LOLER & PSSR)
HSE Statutory Inspections (LOLER & PSSR)
For businesses that are currently closed either by election or being required to do so to meet COVID-19 related government advice or restrictions, the HSE have advised that access to visiting inspectors to undertake thorough examinations should still be provided.
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An emerging consequence of the Corona virus pandemic (COVID-19) is the challenges faced by industry in meeting the requirements to complete statutory thorough examination and testing (TE&T) of plant and equipment to meet duties under the Lifting Operations and Lifting Equipment Regulations (LOLER) and Pressure Systems Safety Regulations (PSSR).
Difficulties in completing TE&T may arise due to four key issues:
• Reduced availability of engineers to complete TE&T due to sickness absence or self-isolation as a direct result of COVID-19
• Owners of plant and equipment (dutyholders) refusing access to premises for TE&T as they feel unable to accommodate visiting engineers while maintaining social distancing (SD) in the workplace.
• Refusal of engineers to enter a dutyholder’s premises to carry out TE&T due to concerns over social distance arrangements being adequate.
• Plant and equipment being unavailable for TE&T if a workplace or site is closed due to COVID-19 SD restrictions.
Effectively in these cases TE&T may not be taking place due to either unavailability of or unwillingness of competent persons to deliver the service, or due to dutyholders inability or unwillingness to give access to the equipment for testing.
HSE recognise that there may be some circumstances that will lead to equipment falling outside its time limits for TE&T, and therefore dutyholders being unable to comply with the law and having to take the equipment out of service if unable to operate it safely.
The statutory obligations remain in place and the following is intended to ensure that work plant and equipment remain safe to use and provides a framework for decision making if TE&T requirements cannot be met. This guidance is intended primarily to help dutyholders and the inspection bodies maintain the overarching scheme of thorough examination and testing. It then sets out a risk-based approach to be applied when all attempts to ensure TE&T have been exhausted.
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