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Initial enforcement expectations and model enforcement notices

Appendix to SIM 03/2008/08

Author unit / section:

Manufacturing Sector, Policy Group

Target audience:

All HSE and LA visiting staff

Initial enforcement expectation

(Safe sheeting arrangements for vehicles operated by the site)

Initial enforcement expectation

(Safe systems for working at height, e.g. access to large machinery, access to materials stored at height, maintenance at height)

Initial enforcement expectation

(Fire and explosion petrol drained safely from ‘end of life vehicles’).

Notice templates

1. Notice 1: No safe sheeting arrangements
2. Notice 2: No safe system for working at height
3. Notice 3: Risk of fire or explosion from petrol drained from ELV’s

Initial enforcement expectation

(Safe sheeting arrangements)

Activity	Issue	Benchmark	Risk gap	IEE
Sheeting of lorries without adequate provision to work safely at height.	The driver other person is exposed to a risk of falling a significant distance when sheeting/un-sheeting the load.	Serious personal injury / remote	moderate	IN (Notice 1)

Initial enforcement expectation

(No safe system for working at height)

Activity	Issue	Benchmark	Risk gap	IEE
Working at height e.g. to gain access to large machinery, access to stored materials, maintenance at height.	Collective measures or PPE not provided to prevent the risk of any person falling a distance likely to cause serious personal injury	Serious personal injury / nil-negligible	Extreme	IN (Notice 2)

Initial enforcement expectation

(No safe system for draining petrol from ‘end of life vehicles’)

Activity	Issue	Benchmark	Risk Gap	IEE
Draining petrol for end of life vehicles without suitable precautions to prevent fire or explosion.	The issue is an unsafe system for draining petrol where specific issues may range from inadequate / poor storage, lack of training / supervision, electrical equipment unsuitable for flammable atmospheres, inadequate maintenance of equipment etc. The risk is always the same, that of ignition of petrol in its liquid state or its vapours leading to fire or explosion which may in turn lead to serious personal injury.	Serious Personal Injury/ Remote	moderate	IN (Notice 3)

Notice templates

This section contains outlines for notices. These are only suggestions and you may wish to alter them according to the circumstances and the nature of the activity and the particular risk.

You should also consult guidance contained in relevant inspection packs.

1. Notice1: Sheeting of vehicles
2. Notice 2: Working at height
3. Notice 3: Draining petrol from ‘end of life vehicles’

Notice 1: Sheeting of vehicles

….you are contravening the following statutory provisions:

• The Health and Safety at Work Etc Act 1974,Section 2(1) & 3(1)
• The Work at Height Regulations 2005, Regulations 4(1) & 5(1)

The reasons for my opinion are:

On (date) employees (and/or others, specify) were required to work at height whilst engaged in sheeting or un-sheeting vehicles and that you as an employer had not ensured that such work could be carried out in a manner which is, so far as is reasonably practicable, safe in that suitable and sufficient means had not been taken to prevent any person falling a distance likely to cause serious personal injury.

Refer to Workplace Transport Guidance on Sheeting of Vehicles to word the schedule for the specific circumstances. Risks may include: automated or manually operated sheeting systems not provided where it would be reasonably practicable to do so, structures are not protected against vehicular damage, platform systems do not take into account differing vehicle heights and widths, falls onto the vehicle, or between the vehicle and platform can occur or harness systems are not coupled with appropriate training, maintenance and supervision to ensure correct use (particularly important where visiting drivers are expected to use the system)

Example of a schedule requiring the operator to provide a sheeting platform

Schedule

To comply with this Notice you should:

1. Provide a sheeting platform for use when sheeting and un-sheeting loads.
2. Any platform provided should be fully enclosed by guardrails on all sides to reduce the risk of a worker falling between the platform and the side of the vehicle or stepping off the end of the platform. (If the worker needs to leave the platform to carry out further tasks associated with sheeting, then overhead gantries and harness systems should be used).
3. Where platforms are provided there should be enough of them for the throughput of vehicles.
4. Platforms should be easily accessed.
5. Management systems, e.g. supervision, should be in place to ensure that the platforms are used properly.

OR

Equally effective measures should be put in place to prevent falls from vehicles whilst sheeting or un-sheeting.

Notice 2 Working at Height

You .....are contravening the following statutory provisions:

• Health and Safety at Work Etc Act 1974 Sections 2 and 3 [delete as appropriate];
• Work at Height Regulations 2005, Regulation 6;
• Management of Health and Safety at Work Regulations 1999, Regulation 3.

The reasons for my said opinion are:
that a suitable and sufficient assessment of the risk to the safety of your employees [and others not in your employment - delete / add as appropriate] of falling a distance liable to cause personal injury has not been made to identify the preventive and protective measures needed to ensure their safety so far as is reasonably practicable.

Schedule:

To comply with this Notice:

Either
1. Assess the risk to employees [and non-employees - delete / add as appropriate] of falling a distance liable to cause personal injury. The assessment should;

• Identify who is at risk - consider all people (e.g. your employees, contractors, maintenance and cleaning staff, managers, members of the public [delete / add any others, relevant to the particular site])
• Identify any people who may be particularly vulnerable (e.g. young/inexperienced people, contractors who may be unfamiliar with your premises and any risks posed by your premises and activities).
• Identify how people are at risk - look at all work done or likely to be done, in the future at heights from which a person could fall a distance liable to cause personal injury (e.g. changing light bulbs, cleaning high surfaces, repairing and maintaining roof fans, accessing high warehouse shelves, building work, roof repair; access to high work stations should also be considered [delete / add as appropriate]). Look at how the work is actually done, not how you think it is being done. Use previous incidents/near misses as well as the law, Approved Codes of Practice, and other guidance to help your identification process. See covering letter for details of relevant publications. [provide details of relevant publications in covering letter]
• Identify existing preventive/protective measures.
• Identify what further action, if any, needs to be taken to reduce risk sufficiently.

And

2. Record the significant findings of the assessment under 1 above and any group of your employees identified by the assessment as being especially at risk [delete if less than 5 employees].

OR

1. Any other equally effective means of complying may be used

Notice 3: No safe system for draining petrol from end of life vehicles.

….you are contravening the following statutory provisions:

• The Health and Safety at Work Etc Act 1974, Section 2(1) & 3(1)
• Dangerous Substances and Explosive Atmospheres Regulations 2002 Regulations 6(1) & 6(3).

The reasons for my opinions are:

On (date) employees and other persons were exposed to a risk of fire or explosion arising from petrol being drained from end of life vehicles and the matters which give rise to the risks were …(e.g. inadequate/poor storage, lack of training/supervision, electrical equipment unsuitable for flammable atmospheres, inadequate maintenance of equipment etc) and you as an employer have not ensured that the risk is reduced so far as is reasonably practicable.

Schedule

(Refer to guidance produced by HSE in association with the end-of life (ELV) industry. 'The safe recovery of petrol from end-of-life vehicles’ provides advice on the safe removal, storage and disposal from vehicles that are being disposed of in accordance with the End-of Life Vehicle Directive.

The schedule will need to be worded according to the particular risk)

An example of a schedule for inadequate storage of petrol outdoors is shown below.

To comply with this notice:

Either

Petrol containers should be stored well away from other processes and storage areas. For quantities of petrol up to 1000litres, the minimum separation distance to occupied buildings, site boundaries, process areas, other flammable-liquid storage tanks, and fixed ignition sources is 2m. For other high risk activities, such as those using heavy mobile plant or oxyacetylene cutting equipment, the separation distance should be at least 4m.

The separation distance may be reduced if either

• a firewall, built to a 30 min fire-resisting standard and at least 2m high, is provided. In order to ensure adequate protection, the firewall should either extend 2m either side of the containers or extend 2m towards them forming short ‘wings’ at the end of the wall

Or

• the walls of any buildings within 2m of the stack are built to a 30 min fire resisting standard.
• The firewall should only be provided on one side of the storage facility so as not to limit natural ventilation.
• The storage are should be constructed on an impervious surface and enclosed with a sill or low bund wall that will contain a volume of at least 110% of the capacity of the largest container.
• The surface of the storage area should be slightly sloping so that any petrol leaks or rainwater are directed to flow away from the containers. Additional means may need to be provided to remove excess rainwater.
• Adequate means should be provided to ensure security of stored petrol both during working hours and at night.
• A hazardous area of Zone 2 classification will normally exist within the storage area and for 1m beyond the sill or bund wall. You should exclude all sources of ignition from this area as well as any combustible materials such as vegetation and rubbish.

Or

Equally effective measures should be put in place to prevent the risk of fire or explosion arising from outdoor storage of petrol from end-of-life vehicles.

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