ADVICE & OPINION
COMPLIANCE
STATUTORY INSPECTIONS DURING COVID-19
The COVID-19 pandemic has introduced a range of challenges for businesses
with many restrictions on normal operations. This includes diffi culty of
getting support from contractors in carrying out statutory inspections,
examinations and tests of plant and equipment or the need to close premises. www.barbour-ehs.com
Failure to carry out a statutory inspection,
examination and test would be a breach
of legislation, which could lead to a range
of potential enforcement actions including
prosecution, although some requirements will not
apply when premises are not in use.
However, failure to maintain some systems,
particularly fire sprinkler systems and detection
systems may invalidate the insurance for the
premises even if the premises are not in use.
Although the Health and Safety Executive is not
carrying out any inspections of industries outside
of the major hazard sector, they have made clear
that the responsibility for ensuring that statutory
inspection, examination and testing of plant and
equipment remains with the duty holder (normally
the owner or user).
There is a wide range of legislation that requires
statutory inspections, examinations and tests. Much
of this legislation is goal setting, detailing what is
to be achieved without being prescriptive on how
it is achieved. Compliance with these goals is o en
achieved by following HSE and industry guidance,
British Standards and manufacturer information.
While these may set recommended time frames
for maintenance, inspection and testing of plant
and equipment, they are not strict statutory
requirements, and failure to follow them would not
necessarily be a breach of legislation.
However, there are some statutory requirements
for thorough examination and inspection or testing,
for plant such as li s, li ing equipment, pressure
systems and local exhaust ventilation, which include
a set time frame e.g. Li ing Operations and Li ing
Equipment Regulations 1998 (LOLER), Pressure
Systems Safety Regulations 2000 (PSSR) and Control
of Substances Hazardous to Health (COSHH).
It should also be noted that a Director may
commit an o ence under Section 37 of the Health
and Safety at Work etc. Act 1974 if there is a breach
of legislation, which occurred with their consent,
connivance or neglect. This could potentially lead
to a prosecution of them as an individual when it
has been proven that the company committed an
o ence due to their consent, connivance or neglect.
Consent and connivance both imply knowledge and
that a decision was made with such knowledge. The
Court of Appeal has considered that consent required
12 MAY 2020
the defendant knowing the material facts that
constituted the o ence and having agreed to conduct
business of the basis of those facts; in this case this
could include knowingly using plant or equipment
that is outside of maintenance.
Engineers working at the premises should follow
current guidance on distancing and good hygiene
as recommended by Public Health England, as well
as any site rules. This is to protect the engineers
carrying out the work as well as anyone who may be
a ected by their work or presence.
Duty holders should consider whether it is
essential to continue to use plant and equipment
in the current circumstances. It is not appropriate
for persons to be put at risk to carry out statutory
examinations, inspections and tests for plant and
equipment, which is not essential for the safe
operation of premises. If taking plant out of use is
putting vulnerable persons at risk, a careful decision
would need to be made and it may be prudent to
seek further advice from the Health and Safety
Executive for these specific circumstances. It is
important that this should only be considered when
failure to keep plant and equipment operating poses
a genuine risk to vulnerable persons’ safety from
rather than cause an inconvenience.
It is essential that irrespective of statutory
inspection, examination or test that plant and
equipment is maintained in good working order and
is safe for continued use. If there are any identified
faults with plant or equipment, which could lead to a
risk from its operation, it should be taken out of use
and securely isolated to prevent further use until the
necessary repairs have been completed.
KEY POINTS
Assess which plant and equipment require
statutory inspections and examinations and when
these are due.
Make an assessment to determine if any plant
or equipment is essential for safety or operation
of the premises – if plant or equipment is not
required, it could be taken out of use.
Liaise with the relevant contractors who carry
out statutory inspections and examinations to
determine what level of service they can provide
(for hospitals, care homes or infrastructure
essential to the running of the country, it would
In association with
be prudent to draw your contractor’s attention
to this).
If a decision is made to continue to use plant or
equipment despite it not having had the relevant
statutory examination and inspection in order to
safeguard life, it is essential that this reasoning is
recorded.
Inform your insurance company if any planned
inspection and testing is not being completed or if
premises or part of the premises are closed.
If closing premises for a period of time, and where
it is decided to shut o the power to services
such as electrical, gas, water and ventilation
systems, plant shutdowns should be undertaken
in accordance with manufacturer instructions
to ensure that it is done safely. On subsequent
restart manufacturer guidance should be followed
to ensure that the plant is re-energised safely and
to avoid potential damage.
Follow Public Health England recommendations
on hygiene and social distancing.
LEGAL DUTIES
Construction (Design and management)
Regulations 2015 (CDM)
Control of Legionella Bacteria in Water Systems -
Approved Code of Practice and Guidance L8 (HSE)
Control of Substances Hazardous to Health
Regulations 2002 (COSHH)
Electricity at Work Regulations 1989
Gas Safety (Installation and Use) Regulations 1998
Health and Safety at Work etc. Act 1974
Li ing Operations and Li ing Equipment
Regulations 1998 (LOLER)
Pressure Systems Safety Regulations 2000 (PSSR)
Provision and Use of Work Equipment Regulations
1998 (PUWER)
Regulatory Reform (Fire Safety) Order 2005
Work at Height Regulations 2005 (WAH)
Workplace (Health Safety and Welfare)
Regulations 1992.
OTHER RELEVANT BARBOUR RESOURCES
Barbour is issuing regular advice, guidance and news
regarding COVID-19. This includes the COVID-19
Statutory Inspections Technical Guide. For more
information visit: www.barbour-ehs.com
/www.barbour-ehs.com
/www.barbour-ehs.com
