During a programmed inspection of a small, independent retail outlet, the store owner mentioned that the store was due to be refurbished in the next few months. The LA Health & Safety (H&S) Inspector took the opportunity to discuss with the Owner what works were due to be carried out and what he should consider in terms of complying with various H&S Regulations, particularly, the Workplace (Health Safety and Welfare) Regulations 1992. Due to the age of the premises, the Inspector also reminded the Owner (the “dutyholder” through contractual agreement) of the duty to manage asbestos under the Control of Asbestos Regulations 2006.
The Owner had not considered a number of issues raised by the Inspector. In particular, he had not seen the refurbishment as an opportunity to reduce risks to himself and his employees as well as to maximise the sales area and improve the “aesthetic appeal” of the premises to his customers. Importantly, he was unaware of his duty to manage asbestos and the potential impact that might have on contractors carrying out any works.
The Inspector sent the owner some HSE-produced guidance booklets on Client duties under the Construction (Design and Management) Regulations 2007 (CDM 2007) and on the duty to manage asbestos under the Control of Asbestos Regulations 2006.
As a result of the Inspector’s early intervention, the owner changed his refurbishment plans to ensure compliance with the Workplace Regulations, particularly in relation to the storage and accessing of goods at height, and appropriate non-slip flooring. He also discovered the presence of asbestos (in good condition) which would have been disturbed and damaged by contractors’ works, thus potentially exposing them to loose asbestos fibres. By changing his plans in order to leave the asbestos undisturbed, he took this more cost-effective option without having to compromise too greatly on his originally intended plans, rather than having the asbestos material removed prior to commencement of the works.
Routine contact with businesses often reveals that moves to new premises or refurbishments of current premises are planned for the future. This provides an ideal opportunity to intervene and supply information at an early stage, particularly to the Client.
Under CDM 2007, the Client has a duty to ensure there are arrangements in place to ensure that the finished premises will comply, in respect of the design and materials used, with the Workplace Regulations. CDM enables LA H&S Inspectors to take a proactive approach to addressing potential hazards at an early stage of the design, construction and installation phases of a project. However, it is important that action is taken as early in the proposed project as possible in order to influence the Client and Designers before any design changes become very difficult to make.
LA H&S Enforcement teams could also develop opportunities to work more closely and more collaboratively with other departments within their own organisation. For example, Planning Departments, Building Control and Highways are often made aware of construction projects at very early stages. Other Environmental Health Teams such as:
may also find out about such projects at an early stage, enabling proactive access to the clients and the provision of CDM and construction safety information to the clients and designers. This may be done directly by the H&S team or via colleagues in other teams and departments.