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It is usual practice for the competent person carrying out a thorough examination to be employed by a separate company, e.g. a third party examining company. However, the regulation does not prohibit an employer from selecting a member of its own staff to carry out thorough examinations provided that he/she is competent. However, any competent person must be able to act with the necessary degree of impartiality and independence (see L113 Para 295) and inspectors should make this very clear to any company which wishes to use its own staff in this role.
The person appointed to plan the lift (referred to as the 'competent person' at L113 Para 219) will normally be an in-house employee. They should have adequate practical and theoretical knowledge and experience to plan the lifting operation properly. The plan should address issues such as "the lift" remaining safe for the whole of the operation, i.e. from where the load starts to where it finishes. This will normally require a written plan. An example of a plan can be found on Pg 38 Para 221
Making sure that a responsible person within your operating division retains any EC Declaration of Conformity as long as the equipment is being used, thorough examination reports are kept until the equipment ceases to be used, and examination reports for accessories are kept for a minimum 2-year period. In addition, thorough examination reports related to equipment deterioration are kept until the next report, or 2 years minimum, and records covering inspections are kept until the next record is made.
The culture of H&SaWA within employment; is a duty of responsibility that the current employer has a general understanding of the H&SaWA and duties towards their employees, also that employers have identified key issues within current legislation and work place, this paramount. Employer's duties are different from their employee's duties this is covered in section 2 & 7 of the H&SaWA 1974.
So what can be derived from this? Currently my employer performs the general duties of providing relevant PPE i.e. overalls, hearing and eye protection, safety footwear, gloves and RPPE (this is issued on beginning of employment by line manager), the display of prohibited notices and warning notices are displayed at all relevant points thought the work place gangways are marked out, and from my evaluation of the written legal statement the company adheres to the legislation section 2
Well currently upon the issue of PPE this is where there are currently some issues, LBBC's duty should not stop here and from observations and discussions with relevant people within the workplace once PPE has been issued there is little in place to make sure that they are kept in a safe and reasonable manner. No supervision of PPE and/or outlining that it must be worn at all times and employees should be in compliance with this, The health and safety work act 1974 section 2 states that - General duties of employers to their employees
In summary to the report's findings only a small portion of the company's guide lines need amending to ensure full corporation and understanding. To summarise what is required in points 3, 4, & 5 that sufficient documentation needs to be produced and made available to relevant parties. In order to do this, an appointed person needs to be stated to perform these tasks. This appointed person should also take on the duty which is outlined in point 6, to ensure all lifting equipment is correctly labelled to show the desired SWL, and if not in compliance the equipment to be deemed un fit for service and made redundant.
Points 10 and 14 states that any findings of concern either from investigation or general concern to be reported at once. a senior member of staff needs to take upon this role ideally a person with managerial qualities, this outlined person must be made aware to all concerning parties and made known this is their point of contact with any concerning issues. After discussion with relevant people to point 13 a training program needs to be put in place to ensure all employees fully understand the importance of assessments and planning of lifts, and also make sure that employees that are deemed responsible can produce a detailed written plans and also work in a safe manner whilst overlooking planned lifts whilst in charge.
The key finding in my report showed that employees within LBBC have received sufficient training for the use of operation of over head cranes but lack the knowledge of how to perform a safe sling, in order to move a given load from one to point to another. In order for this operators of the overhead crane must attend a safe slinging course, either in house or off site and upon completion must be certificated to show compliance of attending a safe slinging course and only then can be deemed a competent person, and able to use and operate overhead cranes safely.