Differences between RIDDOR and Gas safe

Gas safe is an approved code of practice issued by the HSE, but not
necessarily prepared by the HSE, for the purpose of providing practical guidance
on regulations as recognised in section 16 of the HASWA 1974.
([Link], 2016). An ACOP is a quasi-legal (semi-legal) document. And
although it doesnt constitute a breach of the law, in the case of non-compliance,
the contravention of the Code will be accepted as evidence of failure to comply
with the law and used by a prosecutor against the defendant. Who in turn, can
also use it in his defence to demonstrate the court that he employed other
means to comply with the law and is actively adhering to recommended
standards by undertaking works with a different approach or methods on a
similar standard.
Even though the ACOP has been withdrawn once the new CDM 2015 came
into force, there is a general preference in the construction industry to take this
into account as it was proven that acting within the limits set in the Code can
keep troubles away by reducing the chances of failure to comply with the law.
To resume, anyone working with gas ,including those who install, service,
maintain or repair gas appliances and other gas fittings, and is adhering to the
Gas Safety (Installation and Use) Regulations 1998 Approved Code of Practice
and guidance issued by the HSE as a practical advice for gas safety, will comply
with the law.
At the opposite end, there are the regulations issued by the HSE, which
elaborate about the health and safety law as in HASWA 1974. In the above
example, there is a chance to prove the Court that no wrongdoing has been
committed, failure to comply with the regulation may lead to prosecution with
significant fines and imprisonment.
RIDDOR - Reporting of Injuries, Diseases and Dangerous Occurrences
Regulations 2013, is a piece of legislation which puts duties on employers to
report certain serious workplace accidents, occupational diseases and specified
dangerous occurrences (near misses). An employer may well be a company or a
self-employed. Any person in charge is responsible for the reporting of serious
incidents that occur in the workplace. ([Link], 2016)
Although the types of injuries or incidents that need to be reported are very
clear, the paragraph referring to the death of a person might be confusing, when
it advises that all such tragic events must be reported except suicides: All
deaths to workers and non-workers, with the exception of suicides, must be
reported if they arise from a work-related accident, including an act of physical
violence to a worker. ([Link], 2016)
When something like this happens, first and foremost, there will be a
criminal investigation and the place where the event occurred would

automatically be set as a crime scene. In this particular example of fatality, until

proven other than a work-related death, the exception can be taken in the
account only after it has been established and concluded as a suicide, which can
take more than the required ten days to be reported, especially when no
witnesses were present. Therefore, this exception may be misleading as all workrelated fatalities must be reported immediately. Another example of death that
needs to be reported is one that occurred within a year caused by a recorded or
not accident, under regulation 4. However, all the incidents must be kept in an
accident book for at least three years at the workplace or offices of the employer.
Details of events under regulation 4 to 7 must be held as described in
Schedule 1, Regulation 12, paragraphs 5 to 11:

Full name of the person involved;

Occupation or status, if the person involved is not a worker on site;

Type of Injury;

The place and date of the occurrence;

When the relevant authority has been notified and how;

A brief description of the circumstances in which it happened.

Types of reportable incidents are listed in detail in the Reporting of Injuries,

Diseases, and Dangerous Occurrences Regulations 2013 and they can also be
found on the HSE website. ([Link], 2016)

Health and Safety Policy and recommended

implementation

Following Lord Robens 1970s report regarding the health and safety of
people at work, the HSWA 1974 was enacted. In this Act of Parliament, it is
stated that all Health and Safety Policies must contain three sections to
encourage employers to become self-regulating rather than relying on
enforcement alone. If guidance is usually followed, anyone should be in theory
complying with the requirements of the law. (Hughes and Ferret, 2016) describes
the must have three sections a Policy should contain as required by the HSE:
1. Statement of intent which should include the aims and objectives of the
organization or company.

2. Organization of health and safety his section of the policy defines the
names, positions, and duties of those within the organization or business who
have specific responsibility for health and safety.
3. Arrangements for health and safety policy which gives details of the specific
systems and procedures used to assist in the implementation of the policy
statement

An organisations health and safety policy must meet and address certain
aspects to comply with the current legislation, and be continuously revised as
various issues arise along the way.
An important role in maintaining a proper standard is the implementation of
regular training, as well as information and advice through site inductions,
regular toolbox talks, relevant information and instructions or method
statements on particular tasks.
The management is directly responsible for allocation of responsibilities
regarding operatives competency to undertake that task. He must ensure that
one is capable and competent to carry out an assigned job without risks, and
must assess all possible risks and hazards so he can take all necessary measures
to reduce or eliminate them from start to completion.
Failure to adjust the method statement and risk assessment to the specific
requirements of the site will eventually lead to the failure of achieving their
health and safety policy standards, only because it is generalised. The long hand
of the law obliges management to comply regarding legislation, but the reality
on site, moreover, does not reflect the policy itself which can be characterised as
poor management by employing specialised firms to produce the plan.
When preparing a method statement, the person in charge must take in the
account a series of aspects specific to that job. Where the possibilities of
eliminate the risks and hazards are missing, other measures of control are at
hand, by appointing the right persons to undertake that task as mentioned
above, and taking some common sense in the account.
Where a scaffolder handles a five-metre long pole at a considerable height
weighing more than the recommended manual handling of a load wouldnt make
an HSE inspector happy. But in agreement with the Manual Handling Operations
Regulations 1992 that came into force on 1 January 1993, these regulations set
out a hierarchy of measures which should be followed to reduce the risks from
manual handling. These are defined in regulation 4(1) and are as follows: (a)
avoid hazardous manual handling operations as far as is reasonably practicable;
(b) Assess any hazardous manual handling operations that cannot be avoided,
and

(c) Reduce the risk of injury so far as is reasonably practicable. (Manual

Handling Operations Regulations 1992, 2004)
The length also adds difficulty to manually handling that pole exceeding
the recommended weight. Therefore, no arguments there to give that task to
anyone but a very well trained, competent and experienced operative. He is also
subsequently is responsible in turn towards other people working on site as
mentioned in section 7 of the HSWA 1974. ([Link], 2016)

Obey the law and follow the rules

The law regarding health and safety is split into two subdivisions which are
criminal and civil law.
Section 2 of the HASWA 1974, under General duties, states that
responsibility clearly lies with the employer for ensuring so far as reasonably
practicable, the health, safety and welfare at work of all his employees
([Link], 2016)
(Hughes and Ferret, 2016) Explain that if someone breaks the criminal law,
he/she will be prosecuted and if found guilty, the court could sentence him/her to
a fine or imprisonment. For the latter to happen, the court will need proof
beyond reasonable doubt before sentencing and possibly awarding
compensation for the victim or injured party, although the prime object of the
court is the allocation of punishment. The bodies enforcing the criminal law
under the Health and Safety at Work Act 1974 in the United Kingdom are the
Health and Safety Executive (HSE) and the Local Authority Environmental
Officers (EHO). However, there are other agencies who have the power to
enforce criminal law, such as Fire Authority, the Environment Agency or Trading
Standards.
(Hughes and Ferret, 2016) Also, show the difference between
procedures for criminal cases in general and criminal cases involving health and
safety. The prosecution in a criminal case has to prove the guilt of the accused
beyond reasonable doubt. While this obligation is not totally removed in health
and safety cases, Section 40 of the HSW Act 1974 transferred, where there is a
duty to do something so far as is reasonably practicable or so far as is
practicable or use the best practicable means , the onus of proof to the

accused to show that there was no better way to discharge his duty under the
Act..
Section 20 of the HASWA 1974 confers total powers to the appointed
inspectors under the provisions of section 19, to exercise actions in regards to a
breach of health and safety detailed in subsection (2) under paragraphs (a) to
(m).
A health and safety inspector can gain access to any premises at any time
if he/she has reasons to believe there has been a breach of criminal law, or there
are certain aspects likely to cause danger to health and safety. He/she is rightful
to ask help from the Police in the event of his/her actions are obstructed, and
even make use of any necessary tools or equipment to gain access to the
premises.
Depending on the level of danger or non-compliance with the law, the
inspector can issue:
- An improvement notice, where the work can continue and
improve irregularities that caused the issuing of the notice,
- A prohibition notice, in which case the work must stop and may
come as a consequence for not obeying to the requirements of the inspector,
which will cause loss of money through the delay incurred, plant hire and wages,
and also significant fees charged for the investigation to take place.
An inspector has the right through the power conferred by the enforcing
authority to analyse any relevant documents or copy them, will be submitted as
evidence in the event of a serious breach of the law, should the case end up in a
Court. The table below gives an idea about the types of punishment a
contravention may incur in case of breaching the law.

Contravention

Magistrates Court

Crown Court

Any H & S Regulation

Unlimited fine and/or 6

months imprisonment
Unlimited fine and/or 6
months imprisonment

Unlimited fine and/or 2

years imprisonment
Unlimited fine and/or 2
years imprisonment

Unlimited fine and/or 6

months imprisonment

Unlimited fine and/or 2

years imprisonment

Unlimited fine and/or 6

months imprisonment
Unlimited fine and/or 6
months imprisonment
Unlimited fine and/or 6
months imprisonment
Unlimited fine and/or 6
months imprisonment

Summary only

Attempting to/preventing
a person speaking to
Inspector
Contravention of a
prohibition or
improvement notice
obstruction
False statement
False entry in register
Use a document with

Unlimited fine and/or 2

years imprisonment
Unlimited fine and/or 2
years imprisonment
Unlimited fine and/or 2
years imprisonment

intent to deceive
Impersonating an
inspector
Any other offence under
existing statutory
provisions
([Link], 2016)

Unlimited fine

Summary only

Unlimited fine and/or 6

months imprisonment

Unlimited fine and/or 2

years imprisonment

Project Management Plan

Under CDM Regulations 2015, everyone involved in a project, from client to
worker, has a duty to comply with the law from incipient stages starting with the
pre-construction phase plan to completion. In the development subject to this
report, some construction operations will require careful planning and control.
A junior school and playing fields neighbour the development on the eastern
side, Kings Road and a four-storey office block at north, a comprehensive school
on the north-west, authority housing on the south-western side and another
office block at the south.
A public footpath surrounds the land. An inner wall and an external wall filled
in between with grass and vegetation delimitate the proposed development
perimeter, except the east side where the damaged outer wall needs to be
repaired and recapped to 1.75m in height. The corner formed at the south
western side by the external wall will be demolished and rebuilt to exclude the
existing trees as shown in the drawing.

Site setup

Temporary works
Electrical, gas, water and sewer services will be suitably located, checked
regularly and clearly indicated with the appropriate signage. Overground power
cables will be run on poles, to avoid obstruction of plant, vehicles or pedestrians.
Warning signs shall be installed to indicate clearly their position.
Scaffolding to be erected by specialised, experienced and trained operatives
in agreement with Working at Height Regulations 2005 and Regulation 9 of CDM
2015
Excavations with the provision of battering and supports to ensure it wont
collapse (Regulation 22). These will include the excavation of the trench for
connecting to the foul water system where a temporary one-way system with
traffic lights will be required as it will cross the Kings Road. Protective barriers
and appropriate signage including traffic signage will ensure safety around the
works.

Site security
It is recommended to erect the hoarding made of exterior plywood on timber
framing, outside the perimeter formed by the external wall because some repairs
to it and demolitions, will be undertaken. Appropriate signage will be displayed
along the fence and at the entrance gate which will be located on the northern
side off Kings Road, which will have to be secured and locked with appropriate
notices posted (Regulation 18) and with separate access and egress for vehicles
and pedestrians.
The security is intended for the members of the public as well as for the
construction site. Some deterrents should be installed to prevent children or
discourage any criminals of entering the premises, such as CCTV or alarms.
The site must be kept in a state of cleanliness at all times to prevent
accidents. Any excavations should be fenced off or covered, and appropriate
signage shall be displayed, dangerous substances shall be stored and locked in a
designated area, plant and tools secured when not in use, all sectors to be tidy to
prevent any falls. Any vehicles exiting the site will have their wheels jet washed.

Traffic Movement
Under regulation 27 of CDM 2015, all vehicles routes must be indicated by
suitable signs where necessary for reasons of health or safety. Dedicated
routes for vehicles, separated from those reserved for pedestrians, and the
presence of a banksman to control safe movement for vehicles, plant, and
pedestrians. Routes will be marked with different colours, usually blue for
pedestrians and red for vehicles, they will be regularly checked and properly
maintained. The banksman will also ensure safe movement of vehicles exiting
the site to protect members of the public outside premises. He will ensure all

loads are safe, to ensure danger of falling objects and dangerous movements are
eliminated (Regulation28).
The traffic management plan shall take in the account the immediate vicinity
of the two schools described above regarding the timing of deliveries and
movement of vehicles and plants. The significant earth volume resulted from
excavations for the underground parking will see an intense traffic of the vehicles
that will dispose of it.

Materials storage
Storage of dangerous and flammable substances in designated areas will be
arranged in agreement with the COSSH Regulation 1988.
Fuel containers for plants shall be kept confined in other containers to avoid
spillage.
Aim for a just in time delivery of materials to prevent loss through damage
by storing them on site for too long.

Fire Safety
In line with paragraph (6) from Regulation 32 of CDM 2015, persons
undertaking work where is a risk of fire must be suitably trained and instructed,
usually being issued a permit to work. Under Regulation 32, construction sites
must provide suitable and sufficient fire-fighting equipment and alarms such as
mobile fire points (see picture 1), and fire detection systems

Utility Services
Cables overhead put on goalposts in such way that nobody and no machinery
or plant gets in contact with them, and all other services must be scanned,
located and marked
Transformers will be made available with 110 V electricity in the interest of
safety.

Demolitions
Under Regulation 20 paragraphs (1) and (2) from CDM 2015, planning of
demolition must be recorded in writing before it starts, and carried out in such a
manner, to prevent danger or at least reduce it as low as is reasonably practical.
According to (Hughes and Ferret, 2016), Demolition is one of the most
hazardous construction operations and is responsible for more deaths and
injuries than any other activity.

 A pre-demolition survey and investigation for the demolition of the boiler

house will highlight hazards such as:
-

Noise and vibration

Buried services such as electricity, water, and gas

Neighbours ( the junior school at Eastern side)

Dust

Manual handling

Traffic and pedestrian routes (movement and overturning of plant)

Plant and equipment

For the demolition of the corner wall

All of the above

- Traffic and members of the public. The western public footpath will need to be
redirected with barriers and appropriate signage

Excavations
- All aspects required to comply with the law are covered in Regulation 22 of
CDM 2015.
- In this project, there is no danger to other structures caused by excavations,
except the new wall adjoining at the south-western corner as detailed above. The
excavations for its foundation will be done in such a manner that wont affect the
existing remaining walls at south and west of the perimeter.
- In line with paragraph (1) of Regulation 22, excavations will be battered and
supported. However, because the development will provide an underground
parking for the three storey building, the system of support will be complex and
will look similar to the example shown in picture 2. These works will impose a
very well planned traffic management and sequence of work, due to the massive
amount of earth that will be removed from the site as mentioned in the traffic
movement section above.

Work at height
The law requires the contractor to make sure work is properly planned,
supervised and carried out by competent people. These measures include using
the right type of equipment for working at a height under Regulation 5 of The
Work at Height Regulations 2005. ([Link], 2016)
For the office block Erection, alteration, and dismantling of all scaffolding
structures (basic or complex) should be done under the direct supervision of a

competent CISRS ticket holder and in line with regulation 19 of CDM 2015 which
refers to the stability of structures
The factory will be erected with the help of a crane and people working from
MEWPs, cherry pickers and scissor lifts, holders of a competence card such as
IPAF.

Waste Disposal
Earth resulted from excavations will be transferred if possible to other sites
which would require infills.
Hazardous and toxic waste, such as asbestos (if present) will be sorted and
dispose of with the help of licensed waste removers in line with requirements set
by the Environment Agency ([Link], 2016)

Environmental Considerations
Due to the significant amount of work which will involve the use of heavy
machinery erecting sound barriers such as Heras Acoustic barrier, is highly
recommended where possible (picture 3).
Using quieter equipment and restricting the use of noisy machinery to late
morning or early afternoon is recommended. Regular road sweeping or jet
washing vehicle wheels leaving the site will reduce mud on surrounding roads.
Posters and signs will be clearly displayed on the site and the induction will
inform the workforce of the requirements.
Dust will be kept at minimum through damping or use of vacuum extractor
enabled machinery where possible
Control of fuel spillages and controlled disposal of dangerous and toxic
substances to eliminate ground, water, and air pollution.

PPE
All personnel will wear suitable protective equipment depending on the tasks
undertaken with a minimum of hard boots, hard hats, high visibility vests, eye
protection and gloves when on site, except the welfare facilities area, at all
times. Depending on tasks, other PPE such as special respiratory protection,

goggles, ear defenders, lanyards, special gloves, wellington boots or overall

clothing protection must be worn.

Welfare facilities
Under Regulation 4 of CDM 2015, Part 2, the client has a duty to provide
services for any construction worker in line with Schedule 2:
- Sanitary conveniences suitable, accessible, ventilated, lit and clean, separate
for men and women (paragraph 1). (Hughes and Ferret, 2016) suggest a ratio of
1 to 25 persons should be sufficient.
- Washing facilities including showers if required. They must be near sanitary
and changing rooms, supplied with cold and hot water, soap and towels or hand
dryers.
- Drinking water must be clearly marked as drinkable and cups should be
provided
- Changing rooms and lockers in sufficient numbers with seats so workers can
change their clothes, dry them if necessary or lock their personal effects
- Restrooms that are maintained at appropriate temperatures, and be equipped
with adequate numbers of chairs and tables, boiling water facilities and a
minimum of suitable arrangements for preparing and eating meals.

Emergency services
Under Regulation 9 of The Management of Health and Safety at Work
Regulations 1999, the management will ensure that contacts with external
services regarding first-aid, emergency medical care and rescue work will be
arranged. (The Management of Health and Safety at Work Regulations 1999,
1999)
Management will appoint a qualified and trained first aider, and will identify
the nearest hospital for emergencies

References

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Regulations 2013 - RIDDOR - HSE. [online] Available at:
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Manual Handling Operations Regulations 1992. (2004). 3rd ed. [eBook] HSE,
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Picture 1 ([Link], 2016)

Picture 2 - ([Link], 2016)

Picture 3 ([Link], 2016)