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I think my employer is forcing me to break the HASAWA....!

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  • I think my employer is forcing me to break the HASAWA....!

    Hi all, first time poster here, as the title says, I think I’m almost being forced to break the law by professional ignorance.

    I’m a contracting engineer for a large standby generator company. I’m based from home and drive around the country visiting customers sites.

    Last week our Health and Safety man released a library of revised risk assessments and method statements (RAMS). I think I’m right in saying that a method statement has. I real legal standing, but a risk assessment does? The new risk assessment has identified a potential risk of injury to all staff and members of the public coming into close proximity to some of our high voltage equipment. The risk assessment states that the area should be surrounded by protective barriers (the use of these barriers is also outlined as a step in the method statement, but I’m under the impression the method statement isn’t as important). The problem is, we don’t have any of the required barriers. The company don’t own any! I raised this as a concern with our H&S guy, and he gave me the following response.


    “ Barriers are obviously site dependant. I am looking at this but there may be issues with van space and payload”


    I responded -

    “With barriers for loadbank testing, what makes them site specific? The RAMs say that they must be used. Also they are stipulated as a safety system in the risk assessment, but the problem of carrying them is already being discussed? Its documented in the RAMS that they are to be used. What happens if I'm carrying out a loadbank test and a member of the public gets injured by wandering too close to the equpiment. I've essentially worked against my RAMs, am I liable?


    I received a very dismissing email saying that it was being looked into and that I’d be kept updated. What I need to know is essentially what I asked him. What happens if somebody is injured but our equipment, because the are no barriers to keep unauthorised personnel away? Surely by not following the precautions outlined in the risk assessment, it leaves me liable? Am I breaking the law by not condoning off the area, even though I can’t, and the company know I can’t, but are saying that I will?

    Thanks in advice for any info you all can shed. If it turns out I am breaking the law or would be liable, what should I do about it? I’m due to carry out 4 of these procedure this week under the new RAMS, and I really don’t know what to do about it.




    Tags: None

  • #2
    You should have your own risk assessment form that you fill in before each job. Fill this in stating barriers are not available. But do your best to cordon the area.

    That should cover you as per HWAWA.

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