Electrical Safety John Madden CEng FIET Electrical Safety Consultant

Risk Assessments  Reflect on: my experience as an HSE Electrical Inspector. issues raised during recent Crown Court trial.  How to comply.

My experience  Assessing risk is not a new concept.  Electrical engineers had a legal duty to produce ‘risk assessments’ since 1908 – Electrical Safety Rules.  Prior to MHSW Regs, we had method statements, codes of practice, standing instructions, safety rules etc. All were ‘risk assessments’.

My experience  Risk assessments are always examined during investigations. Remember: investigators apply 20/20 hindsight.  Risk assessments are all too often: None-existent Drafted but not available Overly complicated Not known or understood by the workers, ie those at risk Not related to the specific job and/or site Not applied by workers and their supervisors

Crown Court Trial – Feb/March 2013  Lorry loader operator seriously hurt delivering cabin to site of music festival.  To be security cabin located in field used as camp site for festival attendees.

Crown Court Trial  Unloaded cabin underneath volt overhead line.  Crane touched the line, he received serious shock and burn injuries.  Line at height of about 7 metres.

Crown Court Trial  Two risk assessment elements: The responsibility of the festival organisers/managers to manage the risk from the live line. The responsibility of the crane operator to manage the risk from the line while unloading the cabin.

Crown Court Trial  Organisers had engaged event planners to identify risks, but with limited remit  Hazard of live overhead line not identified

Crown Court Trial  Judge said that it was common sense that the live line should not have been there. If this had been recognised by risk assessment, accident would have been prevented  A simple risk assessment would have identified the risk to the festival goers and workers.  What about the injured driver’s responsibilities?

Crown Court Trial  Event organisers pled guilty to HSWA charge and fined £20K with £25k costs.  Event planning company also charged under HSWA, pled not guilty, and were acquitted by the jury.

How to comply  Legal duty to do them.  Do they need to be written?  HSE staff use dynamic risk assessments based on hazard-based instructions applied by competent persons. One means of complying but not always suitable, especially for high risk or unusual situations or where competence may be limited.

How to comply  Keep them simple, understandable and available.  Apply common sense and be proportionate.  Make sure they address the task- and site- specific risks and identify suitable control measures.  Make sure that the workers either see them or are instructed in their content.

How to comply  Good advice, with some model assessments and references to guidance material, available at assessment.htm