[Spruce]

On the thread of Public Liability insurance a statement was made that a company/business employing less than 5 employees doesn't need a written risk assessment or method statement.

This is 100% correct.

http://www.hse.gov.uk/risk/faq.htm

Is risk assessment a legal requirement?
Yes if you are an employer or self employed. It is a legal requirement for every employer and self-employed person to make an assessment of the health and safety risks arising out of his work. The purpose of the assessment is to identify what needs to be done to control health and safety risks. Regulation 3 of the Management of Health and Safety at Work Regulations 1999. 

You only need to record the assessment if you have 5 or more employees. See 'What do I need to record?' above.

It is a requirement that as a sole trader we need a risk assessment, even if its done in your head on the day, ie. not recorded. However, how do you prove you did one in your head? The only way of proving you did an assessment on the day is to write it down. Sometimes it amases me how thick university graduates who write these regulations can be.

You will find that a single risk Assessment and method statement will do for the majority of your residential customers. Obviously you will decide on the day whether it is safe to proceed with the job or not, ie. wind, water turning to ice on a public pavement etc.

[PoleKing]

Thanks Spruce.
I am a bit baffled now though.
I am a sole trader so need a written RAMS.
If I employed 3 people-I wouldn't?

[Spruce]

Thanks Spruce.
I am a bit baffled now though.
I am a sole trader so need a written RAMS.
If I employed 3 people-I wouldn't?

Hi Darren,

No you don't need a written RAMS. The only time you do is when you employee 5 or more staff.

But you will need to prove somehow that you did a dymanic assessement of the property before you started work if something goes wrong. If an accident has happened, then there is more weight on the side that you didn't do an assessment even when you did.

Its all about the CYA principle.

I personally believe that the only way you can prove you did an assessment is to have one in writing ahead of time.

I'm sure 99% of the time it is easy to convience the powers that be that you did an assessment even if it was a subconscious one. You make decisions on observations which will determine whether you proceed with the job or what precautions you need to take if you do.

As a soletrader or small business employing a couple of people we all need is "to make an assessment of the health and safety risks". It only when we employeee 5 of more staff that that assessment needs to be written down.

[PoleKing]

Thanks Spruce.
Know what you mean on the CYA. Better too much than too little

[Spruce]

Unfortunately I don't know what Ian101's case is all about.

For us, our biggest risk is the hose across the pavement becoming a trip hazard, real or faked. So for us signage is important.

However, a couple of years ago we had a different problem. On a conservatory clean I do once a year, I found we had to contend with a blind person and her dog. The hose across the pavement become very confusing for the dog as he tried to find a safe way round the hazard. Signage didn't help in that situation.

Thankfully I saw this starting to unfold and shouted to the blind lady to stop and I would help her with the hazard, but needed a few seconds to get down from the ladder. Having helped her step across the hose and lots of pats for the dog, I enquired if she was coming back up the street, but as she wasn't, didn't move the van. That was an issue that even a dynamic risk assessment wouldn't have included.

The following year I heard she was ill so hadn't been out and about. This year I will park the van on the driveway to ensure the problem can't happen again if she is still about. Its now an add-on of the 'generic' RAMS for that house. If the lady is no longer living in the area, then that 'add on' will be removed.

I do a few Victorian converted houses in the side streets of Saltburn. I won't do them if the wind is up or if it's too cold.  You can't grit a length of pavement successfully IMHO, although I have done it.  I usually do them when the children are at school. If I was really 100% H&S conscious I wouldn't do any of these flats as there is always the possibility of pedestrians walking on the pavement. Theoretically I should cordon off a safe area and 'employ' a banksman to secure the area. I can't afford to do that so try to keep my wits about me and stop cleaning when a dangerous situation could arise with a passing pedestrian. I always apologise for my hoses and ask them to please not trip over them.

Last week I had to skip the last few flats as one of the residents was working on his car in the street. In this case the risk was too great and so did these remaining few the following morning.