Statutory Inspections During COVID-19

Current Position

Due to the Covid-19 pandemic many companies are facing restrictions or challenges to their normal operation. This could include closing premises or parts of premises and challenges associated with getting support from contractors who normally carry out statutory inspections, examinations and tests of plant and equipment even when their premises are open.

The Safety Assessment Federation (SAFed) issued guidance on the continued operation of the Thorough Examination Sector in response to the Covid-19 pandemic on 24 March 2020, which had been prepared in conjunction with the Health and Safety Executive (HSE) and the Government Department of Business, Energy and Industrial Strategy. This provides advice on the HSE’s position as a Regulator in relation to the completion of statutory inspections and examinations and gives guidance to its members.

The HSE advised that engineering inspection companies suffering shortages in their own resources should consider focusing them on premises where the most vulnerable are located: e.g. hospitals, care homes and infrastructure essential to the running of the country. The SAFed guidance also states that engineers carrying out statutory inspections and examinations working in critical industries satisfy the requirement as ‘Key Workers’.

At the time of issuance, the Health and Safety Executive advised that it was not considering issuing exemptions or relaxations of any requirement for statutory inspections and examinations while it acknowledged that this may change, and the position would be held under review.

Although, at the time of preparing this guidance, the HSE was not carrying out any targeted inspections of high-risk industries, which are not part of the major hazard sector, the position from the HSE is that, despite the challenging circumstances, the requirement for compliance with occupational health and safety legal requirements remains with the relevant dutyholders.

Legal Requirements

There is a wide range of legislation that requires statutory inspections, examinations and tests. Many of these will apply across all industry sectors but some will provide more industry specific requirements. Relevant legislation includes, but is not limited to:

Health and Safety at Work etc. Act 1974
Control of Substances Hazardous to Health Regulations 2002
Control of Substances Hazardous to Health Regulations 2002 and HSE Approved Code of Practice L8 (in relation to control of Legionella)
Lifting Operations and Lifting Equipment Regulations 1998
Provision and Use of Work Equipment Regulations 1998
Gas Safety (Installation and Use) Regulations 1998
Pressure Systems Safety Regulations 2000
Electricity at Work Regulations 1989
Workplace (Health Safety and Welfare) Regulations 1992
Work at Height Regulations 2005
Regulatory Reform (Fire Safety) Order 2005
Fire Safety (Scotland) Regulations 2006
Construction (Design and management) Regulations 2015.

Information

There are general duties on employers under Section 2 and Section 3 of the Health and Safety at Work etc. Act 1974 to ensure, so far as is reasonably practicable, the health and safety of their employees or any persons not in their employment who may be affected by their undertaking. There are also duties under Section 4 of the Health and Safety at Work etc. Act 1974 in relation to ensuring, so far as is reasonably practicable, that the premises, all means of access and egress and any plant or substances within the premises are safe without risk to health. These requirements set a goal to be achieved and it is for the organisation or duty holder to demonstrate that they have done everything that was reasonably practicable to achieve this. This is often through following HSE, industry or manufacturer’s guidance e.g. relevant British Standards. These frequently give recommended time frames for maintenance, inspection or testing of plant and equipment; however, these in themselves are not statutory requirements and, as long as the goal is achieved, failing to adhere to guidance is not, in itself, a breach of legislation.

There are further requirements under specific legislation as detailed above. Again, many of these are goal setting, detailing what is to be achieved, without being prescriptive on how it is achieved. Nevertheless, there are some statutory requirements for thorough examination and inspection or testing, which include set time frames.

Some of the key statutory requirements likely to be relevant to most industries are summarised below. This is not an exhaustive list and there will be requirements for some organisations, which need further consideration.

Water Management – Control of Legionella Bacteria

There is a requirement under the Control of Substances Hazardous to Health Regulations 2002 to manage the risk from Legionella bacteria in water systems. The risk from exposure to Legionella should be controlled by keeping the water system and the water in it clean and free from nutrients. There is an increased risk of Legionella if water systems are taken out of use and/or water is allowed to stagnate within the system due to a lack of use for example if a building is closed.

There is a range of control measures normally required to ensure that water systems, either hot and cold water systems or cooling towers, are safe, which would be detailed in the relevant written scheme of control. These will often be carried out by a specialist contractor or a combination of a specialist contractor and employees of the company operating the plant.

If possible, hot and cold water system outlets should be flushed at least once a week to maintain a flow of water throughout the system during any shutdown or reduced usage of premises. Alternative measures, such as draining the system, could be considered if deemed practicable, and this should include opening of all outlets and deadlegs to ensure that the system has been effectively drained.

If a hot and cold water system, or parts of the system, is taken out of use for an extended period of time, which could be as little as two or three weeks, there are a number of factors that need to be considered when bringing the water system back into use.

Before bringing the water system back into use, it should first be cleaned, flushed and disinfected. This could be achieved through thermal disinfection of the system by raising the hot-water temperature to a level at which Legionella will not survive (above 60^oC) throughout the system in conjunction with an extended flushing of all outlets under controlled conditions or through disinfection of the system with an appropriate biocide normally based on chlorine. HSE guidance recommends for this to be normally based on chlorine dosed at 50ppm for a minimum contact period of one hour, at the end of which the concentration should be no less than 30ppm free residual chlorine, although it is noted that lower concentrations and longer contact times may be considered acceptable.

It should be noted that thermal disinfection may be less effective than chemical disinfection and advice should be sought from the specialist water treatment company contracted to the project on appropriate cleaning and disinfection of the system. Prior to any cleaning or disinfection, a site-specific risk assessment and method statement should be produced for the work. A record should be kept of the work undertaken and, to confirm the effectiveness, microbiological sampling should be taken between two and seven days after the system is refilled; samples taken immediately after the disinfection may give false results. Precautions will also need to be taken to protect those undertaking initial flushing due to the risk of aerosols. This is particularly the case when flushing showers. Arrangements to contain the water from showerheads and route it directly to a drain away from the person undertaking the flushing may be necessary and this should be addressed in the risk assessment.

Failing to manage the water system would be a breach of legislation where this leads to an increased risk from Legionella bacteria. However, the legislation is primarily goal setting and detailing what is to be achieved without being prescriptive on how this is achieved. Therefore, it would not necessarily be a breach of legislation not to undertake a specific task in the written scheme of control within the specified time period. However, it should be noted that failure to follow the scheme of control could be deemed evidence of failure to effectively manage a water system; this should only be considered in exceptional circumstances and only following an assessment determining whether the risk remains tolerable or if further control measures are required.

There is a much greater risk to the wider society associated with wet cooling towers than hot and cold water systems. Therefore, it is essential that these continue to be properly managed during this period or safely be taken out of use. For hot and cold water systems, many of the required control measures could likely be delivered in-house by an organisation’s own employees, provided they are given appropriate information, instruction and training at least as an interim measure. It would be worth reviewing with a water contractor to determine if there were any additional measures to mitigate the risk of scheduled inspections and cleaning not taking place. This could include increased flushing regimes for hot and cold water systems.

It should be noted that, if a wet cooling tower or evaporative condenser is taken out of use, there is a requirement under the Notification of Cooling Towers and Evaporative Condensers Regulations 1992 (under which its existence should already have been notified to the local authority) to notify the local authority that it is taken out of use. This provision however does not apply to maintenance or a seasonal shut down.

Fire Safety

It is not intended to cover all potential fire safety systems in this summary as there will be a wide range of potential systems depending on the nature of the premises; however, the same principles can be applied and the focus of this Guide are the key fire safety measures likely to be present in most premises including fire alarms, emergency lighting and fire extinguisher. Further reference is made to sprinkler systems, as failure to maintain these, even where a building is closed and not in use, may result in an organisation’s insurance being invalidated.

Where possible, it is recommended that arrangements be made to continue to maintain and test life and property safety critical systems such as fire alarms and sprinkler systems even in an unoccupied building.

Fire alarm systems and emergency lighting should be subject to periodic inspection and test including weekly and monthly operational testing in addition to the period inspection and testing by specialist contractors. The weekly fire alarm test and monthly functional test of emergency lighting systems can often be delivered in-house without support from a specialist contractor although instruction and training may be required if staff do not normally perform these tasks.

If due to Covid-19 premises have to close, it is acceptable to cease the weekly and monthly operational testing of the fire alarm and emergency lighting while the building is totally unoccupied. A test of these systems should be undertaken prior to re-occupancy and should include testing of all cause-and-effects on the fire alarm system. This would need to include a full discharge test of the emergency lighting and time for it to recharge (typically several hours) before re-occupancy.

It should be noted that the largest single cause of large fires in commercial and institutional buildings is arson. Therefore, particular considerations should be given to maintaining site security during any closure of premises. The local fire brigade should also be made aware of the status of the building and key holder and access arrangements reviewed.

Fire extinguishers should be subject to annual basic maintenance inspections and periodic, often weekly, visual inspections by employees. In preparation for reoccupation, it is recommended that a visual inspection be undertaken to confirm that all fire extinguishers are correctly located, full and not obviously damaged. If the fire extinguishers are due an annual basic maintenance inspection this should be completed where possible even when the building is unoccupied. It is accepted in FIA (Fire Industry Association) guidance that for practical purposes, the maintenance intervals have a tolerance of +/- one month. If this is not possible, this should be arranged as soon as practicable. It should be noted that the provision of serviced fire extinguishers might also be an insurance requirement.

If fire alarm systems are disconnected for an extended period of time e.g. due to premises closing, the recommendations over a 12-month period as detailed in BS5839-1:2017 should be followed, which involve a comprehensive inspection and test of the system by a specialist contractor. Alarm receiving centres should also be informed as many fire brigades have a policy of not responding to calls relating to automatic alarms unless there is a confirmed fire by e.g. a call to the fire brigade. Policies differ between fire authorities but many will only respond out of normal working hours. The alarm receiving centre therefore need to know that the premises are unoccupied and that they have to communicate this to the fire brigade. It is recommended that the policy of the local fire brigade is reviewed in relation to any premises being left unoccupied and agreement reached that they will respond to the operation of automatic fire detection, or if not and where relevant, that they will respond to a sprinkler activation.

The requirement under the Regulatory Reform (Fire Safety Order) 2005 is for fire safety equipment to be subject to a suitable system of maintenance and to be kept in an efficient state, in efficient working order and in good repair. Following the guidance within the relevant British and European Standards and manufacturer’s instructions would typically be considered the most effective way of demonstrating compliance with this requirement.

However, this is not a strict statutory requirement; if it is not possible to have the specialist contractor carry out the planned maintenance and testing as scheduled, it would be prudent to discuss with them if any safety critical maintenance and inspection tasks could be undertaken in the interim to ensure that the equipment remains in effective working order until a more comprehensive inspection, service and test of the equipment can be completed by a specialist contractor. The requirements of the Regulatory Reform (Fire Safety Order) 2005 relate to the safety of people; if there is no one or only few present, the requirements that do not relate to their safety (or the safety of the public or visitors) may be relaxed.

Lifting Equipment

The Lifting Operations and Lifting Equipment Regulations 1998 require that lifting equipment and accessories be subject to periodic inspection and thorough examination. The frequency of the inspection and thorough examination is, by default, 12 months for lifting equipment and six months for lifting accessories except for lifting equipment used for the lifting of persons, which would be inspected and examined every six months.

The Regulations also allow for the frequency of inspection and examination to be carried out in accordance with a scheme of examination developed by a Competent Person. Therefore, if an agreement can be reached with the organisation normally carrying out the periodic thorough examination and inspection, then a scheme can be developed, which allows the examination of lifting equipment outside of the normal six- and 12-month frequencies.

Lifting accessories should be thoroughly examined and inspected every six months. If this cannot be achieved within the required time frames, for example due to difficulty in accessing an Intensive Care Unit in a hospital, it may be an option to replace them rather than having them examined and inspected e.g. accessories such as slings and patient slings, as they are not excessively expensive.

Passenger lifts also will often be subject to regular servicing. Although it is good practice to have a party independent of the servicing company, carry out the statutory examination and inspection, it is not a statutory requirement. Many service companies will also carry out statutory examinations and inspections and, in some circumstances, it may be an option having them carry out the thorough examination and inspection. Another option, while this may provide challenges for users of premises with reduced mobility, is to continue to use the premises without using the passenger lifts until the statutory examination and inspection can be completed. In these circumstances, such lifts should be locked off so it is not possible to use them.

Pressure Vessels

It is a requirement of the Pressure Systems Safety Regulations 2000 that, with the exception of small systems with each of the pressure vessels in the system being under 250 bar litres, a written scheme of examination is developed by a Competent Person for any system with a relevant fluid; the user of the system must not allow it to be operated unless the written scheme is in place and the equipment has been examined in accordance with the written scheme.

Often the periods between thorough examinations are 12 months or longer, so it is entirely possible that for many premises this may not become relevant during a shutdown. It may also be possible, with agreement from the relevant Competent Person and the insurer, to extend the period of thorough examination within the written scheme to allow further leeway in examining pressure systems; this would prevent any breach of the statutory duty.

Other pressure vessels not requiring an examination against a written scheme should still be subject to an appropriate maintenance and inspection regime to ensure that they remain in good working order. This would normally be demonstrated through following manufacturer’s guidance or an alternative recognised standard such as the SFG20 standard for building and plant maintenance. While following these recommendations is the most effective way of demonstrating compliance with legislation, it is not a strict legal requirement. Where scheduled maintenance tasks could not be carried out, this would not necessarily be a breach of legislation as long as the plant has been kept in good working order. If there are any indications of fault or damage to the systems, these should be re-evaluated and only used if a Competent Person has deemed them safe for continued use.

Local Exhaust Ventilation (LEV)

It is a requirement under Regulation 9 the Control of Substances Hazardous to Health Regulations 2002 that, where local exhaust ventilation (LEV) is used as a control measure to manage exposure to substances harmful to health, it should be subject to a periodic examination and test. Apart from certain processes specified within Schedule 4 of the Regulations, which are unlikely to apply, this would be at least once every 14 months. Failure to carry out the thorough examination and test within the 14-month period would be a statutory breach if the LEV was continued to be used.

Where there are challenges in carrying out the thorough examination and test of LEV within the required time frame, an assessment should determine whether this is critical for the safe continued operation of the business or premises. E.g. in a school environment, agreement could be reached to reopen the school but not use LEV such as fume cupboards or extraction associated with design technology, until a thorough examination and test has been carried out. In practice, most such inspections are undertaken at 12-monthly intervals and therefore there may be some leeway in arranging the examination and test.

Gas Appliances Including Boilers and Catering Equipment

There is a duty under The Gas Safety (Installation and Use) Regulations 1998, to ensure that any gas appliance, installation pipework or flue is maintained in a safe condition to prevent injury. Gas appliances such as boilers and catering equipment should be maintained in accordance with manufacturer’s guidance or an alternative relevant standard such as SFG20, which will normally include at least an annual service; maintaining such a timeframe is not a strict statutory requirement though as long as the equipment is maintained in a safe condition.

Where scheduled servicing of gas appliances is not carried out due to a close-down of the premises or a lack of availability of Competent Engineers, this should be arranged as soon as practicable; if the premises have closed down, this should ideally be done prior to reoccupation. Failure to maintain a gas appliance in a safe condition would be a breach of statute. However, there can be some flexibility in the time frame for carrying out servicing of appliances as long as there is no indication that the equipment may be in an unsafe condition. In that case, it should be taken out of use and securely isolated to prevent inadvertent or unauthorised use until it can be serviced by a Competent Engineer. Following the service, the engineer should ensure that the appliance is left in a safe condition.

There is a statutory requirement for an annual Landlords gas safety check to ensure the safety of gas appliances, fittings and flues in domestic and certain commercial premises. These would be required by Landlords, Housing Associations, Local Authorities, Hotels, Boarding Schools and Hostels. For tenanted properties, a copy of the latest safety check record should be provided to tenants within 28 days of the check being completed and the record should be kept until two further checks have been completed.

Failure to have a Landlords Gas Safety Inspection carried out would be a breach of legislation if the appliance remained in use. If it was possible to take the appliance out of use, this could be postponed until a later date, as long as the appliance had been effectively isolated and was inspected prior to its return to use. The Gas Safety (Installation and Use) (Amendment) Regulations 2018 allow a landlord to have the annual gas safety check carried out any time from ten to 12 months after the previous check but retain the original deadline as if the check had been carried out exactly 12 months after the previous check. This flexibility can be valuable when facing challenges accessing premises to prevent the 12-month deadline being exceeded. Tenants should allow access for any maintenance and safety checks to be carried out. In case of issues with the access to a tenanted property, it is necessary to take all reasonable steps including a written notice to a tenant requesting access.

Inspection and Testing of Fixed Electrical Installations, Equipment and Portable Appliances

It is a requirement of the Electricity at Work Regulations 1989 that all electrical systems should be maintained as to prevent, so far as is reasonably practicable, danger. This is generally demonstrated through following BS 7671: 2018, The IET Requirements for Electrical Installations 18th Edition. For premises such as offices, schools and commercial premises, this recommends an inspection and test of the fixed electrical installation every five years and for industrial premises every three years, so for many premises this will not become due during this period of restrictions due to Covid-19. For premises where this does become relevant, failure to carry the five-year inspection is not a statutory breach. It would be considered poor practice though, and in the event of an incident, could be used to demonstrate that not all reasonably practicable measures had been taken to maintain the system in a safe condition. However, in these unprecedented circumstances, as long as the premises have been maintained in good condition and previously identified issues have been rectified, and as long as the inspection and test is carried out as soon as practicable, this should be considered by the Regulator to be a reasonable approach.

Portable Appliance Testing (PAT) is often carried out on an annual basis; however, this is not a strict legal requirement and there is HSE guidance available, which recommends different time frames for different equipment, depending on the likelihood of damage. Failure to carry out PAT on an annual basis would not be a breach of a statutory requirement as long as the equipment has been maintained in good condition. Therefore, it is essential that staff be instructed to carry out visual inspections of any portable electrical appliances prior to use to identify any signs of damage. If there are signs of damage e.g. of overheating or damage to cables or casing of the appliance, the appliance should be taken out of use until it can be inspected by a Competent Person and confirmed safe for further use.

This would also apply to lightning protection systems. These are generally inspected and tested in accordance with the guidance in BS EN 62305 with inspections and tests for higher risk systems normally carried out every 11 months to take account of seasonal variations. However, while the system should be maintained so that it is free from danger, an 11-monthly inspection and test is not a statutory requirement but good practice. There may however be requirements from the building insurers for such systems and this should be checked.

Calibration of Testing Equipment

There is a variety of testing equipment that may be used across a range of industries and this could include electrical test equipment or personal gas monitors. To ensure that this equipment remains accurate and fit for purpose, they are usually subject to a periodic calibration, often at least every 12 months.

It is essential that gas monitors and electrical testing equipment be maintained in good working order. However, while periodic calibration will be required to ensure that the equipment is appropriately maintained and suitable for use as required under the Provision and Use of Work Equipment Regulations 1998, the period of calibration will normally be set in either Industry and British Standards or manufacturer’s guidance and compliance with these time frames is not a strict statutory requirement.

It is important to note that the use of testing equipment such as personal gas monitors is often safety critical e.g. the failure of a personal gas monitor in a confined space could foreseeably lead to serious injury or death. Therefore, it is essential that where equipment has not been calibrated within the recommended time frames, it should only be used in exceptional circumstances and only if it has been well maintained.

There may also be the opportunity to carry out in-house calibration of equipment e.g. for personal gas monitors, a bump test station can be used to test and calibrate a gas monitor. There are also systems for checking electrical testers in-house but as with gas monitors this should only be considered within the confines of any manufacturer’s guidance and recommendations.

Scaffolding or Mobile Elevated Working Platforms (MEWP)

It is a requirement of the Work at Height Regulations 2005 that for any working platform, used for construction, from which a person could fall more than two metres, should be subject to inspection on installation and within seven days when in use. Failure to carry out and record these inspections while the scaffolding or mobile elevated work platform (MEWP) is in use would be a breach of legislation. However, where any scaffolding or MEWP is not currently in use, the inspection regime is not required although all MEWP should be inspected before it is put back in use.

If there are any exceptional circumstances that are likely to jeopardise the safety of the equipment such as extreme weather, then scaffolding should be inspected to ensure that it remains safe. This should be carried out for any scaffolding in public areas whether it is currently in use or not.

Excavations, Cofferdams and Caissons

For construction sites, there are requirements under The Construction (Design and Management) Regulations 2015 for inspections to be carried out for excavations, cofferdams and caissons and for these to be recorded. The inspections should be completed at the start of every shift or after any event, which may have had an adverse effect on the excavations, cofferdams or caissons.

Where a construction site remains active, these inspections should continue to be carried out and recorded. If the construction works cease during the current Covid-19 situation, these inspections should be resumed as soon as work is resumed on site and undertaken in addition if there have been adverse conditions likely to have caused damage.

Maintenance of the Workplace

There is a requirement under The Workplace (Health, Safety and Welfare) Regulations 1992 to have a suitable system of maintenance for the workplace and equipment that, if it failed, would lead to a breach of the Regulations or could put workers at serious risk. The type of equipment and device, which this could apply to, include:

devices to limit the opening of windows
powered doors
escalators
fencing.

This sets a requirement for a system of maintenance but does not prescribe as to what that system of maintenance should entail. While failure to maintain would be a breach of legislation, not completing a scheduled maintenance activity is not necessarily a breach, as long as there was no evidence of any faults or issues with the plant or equipment in question.

Management of Asbestos Containing Materials

It is a requirement under the Control of Asbestos Regulations 2012, that were asbestos containing materials are present, or presumed to be present, appropriate measures should be taken to manage potential risk of exposure to asbestos fibres. The owner or user of the premises, depending on the terms of tenancy, will have a duty to maintain an asbestos management plan. This should include a risk assessment to identify the potential locations and condition of asbestos containing materials as well as the likelihood that these will be disturbed.

The asbestos management plan will normally include a schedule of inspections to assess the condition of the identified or presumed asbestos containing materials. The frequency of these inspections will be determined in this assessment by the condition and the likelihood of any damage occurring and is not set in statute. Therefore, if premises are likely to be unoccupied for a period of time, it would be acceptable to review the frequency of these inspection taking into account that, with premises being unoccupied, the risk of damage occurring to any asbestos containing materials should be significantly reduced. Therefore, if the asbestos containing materials are in good condition, extending the period of re-inspection would not be unreasonable.

Once the premises are reoccupied, the asbestos management plan should be reviewed again to update it to reflect the change of occupancy including the increased likelihood of damage occurring.

Playground Equipment

Where play equipment is provided e.g. in a school or public playground, this should be maintained in good working order, which is normally achieved through an inspection and maintenance regime as recommended in manufacturer’s guidance, industry guidance or British Standards. While following established guidance is good practice and, if it was not followed then alternative arrangements would be required to demonstrate that all reasonably practicable measures had been taken, there is no statutory requirement for inspection at fixed frequencies.

If during the Covid-19 pandemic play equipment is not being used and put out of use, then there is no requirement to continue to have it inspected. However, it would be strongly recommended that an appropriate inspection be carried out by a Competent Person before it is brought back into use.

General Considerations

It is important to note that companies who carry out servicing of plant and equipment will often also carry out any required statutory inspection, examination and testing if requested. Although it is good practice to have the thorough examination and inspection carried out by an independent party and not the same person carrying out routine maintenance, this is not a legal requirement. If there are challenges with having the normal inspectors undertake the planned statutory inspections and examinations, it may be an option to have the servicing company or an alternative competent contractor carry them out on this occasion to ensure that they are completed within the specified time frames.

This may be challenging for organisations with centrally controlled lists of contractors where approval could take a significant amount of time. While these central systems for contractor approval are normally comprehensive and provide a good level of control, in the current circumstances, a degree of flexibility may be prudent to allow contractors with the capability and capacity to undertake the work to go through a more expedited approval process. Checks should still be made to ensure that the contractor has the necessary skills, competence and capability to carry out the work and has relevant accreditations and necessary insurances in place.

As detailed above, there may be the option to extend certain statutory examinations with the agreement of a Competent Person by amending the Written Scheme of Examination for pressure vessels or developing a scheme of inspection for lifting equipment. However, even if an agreement is reached with the relevant Competent Person for a statutory inspection and examination of lifting equipment or examination of a pressure vessel against a written scheme to be extended, it is essential that the dutyholder ensure that the equipment is maintained and remains safe to use. In the circumstances where a statutory examination has been extended, it may be prudent to carry out additional user inspections and, where appropriate maintenance of the plant, to ensure it remains in good working order. Any equipment with identified faults, which may affect its continued safe operation, should be taken out of use and made safe. Allowing unsafe plant to be used would be a breach of legislation, which could result in enforcement action from the relevant Regulator.

It is important to inform the relevant insurance company when maintenance and testing of fire safety equipment or statutory inspection and examinations are not being completed. In many instances, insurers or linked engineering insurance inspection companies are involved in conducting statutory inspections, examinations and tests, but it would still be prudent to keep them informed. This should include fire detection or suppression systems (such as sprinklers) not being inspected and maintained or put out of commission while the building is unoccupied for a period of time. Maintenance of systems such as sprinklers is often a condition of insurance and failure to properly maintain them risks invalidating insurance policies, had the insurance provider not been informed.

When closing premises for a period of time and it is decided to shut off the power to services such as electrical, gas, water and ventilation systems, plant shutdowns should be undertaken in accordance with manufacturer’s instructions to ensure that it is undertaken safely and on subsequent restart manufacturer’s guidance should be followed to ensure that the plant is re-energised safely and to avoid potential damage. It would be prudent when closing the premises to assess when statutory inspections, examinations and testing will become due and to monitor these with the relevant contractors to determine whether these can still be competed as scheduled or if alternative arrangements will be required.

Where buildings are going to be unoccupied but access will be allowed for maintenance and testing of plant and equipment, then this will need to be appropriately managed. This should include arrangements for lone working, if applicable, and suitable contractor control arrangements e.g. control of hot works, which may have specific insurance requirements.

If there is a scheduled planned re-occupation of the building then time should be allowed, so far as is practicable, for the various maintenance and inspection tasks to be undertaken, as detailed above, prior to the reoccupation. If a rapid reoccupation is required, a risk assessment should be undertaken by the user and/or owner the premises to determine statutory inspections and examinations that can be completed prior to re-occupancy and restrictions necessary on initial reoccupation until they can be completed. For example, if passenger lifts are outside of the statutory examination and inspection period, the building can normally still be safely occupied with the lifts out of use although this may present challenges for users of the building who are have reduced mobility.

Engineers working at the premises should follow current guidance on distancing and good hygiene as recommended by Public Health England as well as any site rules. This is to protect the engineers carrying out the work as well as anyone who may be affected by their work or presence. The HSE advises that where it identifies employers not complying with the relevant Public Health England guidance e.g. not taking appropriate action to socially distance, it will consider actions to improve control such as issue of enforcement notices.

It is important that dutyholders consider whether it is essential to continue to use plant and equipment in the current circumstances. It is not appropriate for persons to be put at risk by undertaking statutory examinations, inspections and tests for plant and equipment, which is not essential for the safe operation of premises.

Key Actions

Assess which plant and equipment require statutory inspections and examinations and when these are due.
Make an assessment to determine if any plant or equipment is essential for safety or operation of the premises – if plant or equipment is not required, it could be taken out of use.
Liaise with the relevant contractors who carry out statutory inspections and examinations to determine what level of service they can provide (for hospitals, care homes or infrastructure essential to the running of the country, it would be prudent to draw your contractors attention to this).
Review with the relevant Competent Person whether lifting equipment can be examined against a written scheme of examination to allow more leeway than the normal six- or 12-month frequency.
Replace lifting accessories such as slings as an alternative to inspection where inspection is not practicable.
Have the relevant Competent Person review the written scheme of examination for pressure vessels to see if any scheduled examinations can be extended.
Inform your insurance company of statutory inspections and examinations or maintenance and testing of plant and equipment, which will not be undertaken.
Carry out pre-use inspections of plant and equipment.
Carry out visual inspections of portable appliances.
If closing premises for a period of time and where it is decided to shut off the power to services such as electrical, gas, water and ventilation systems, plant shutdowns should be undertaken in accordance with manufacturer’s instructions to ensure that it is done safely; on subsequent restart, manufacturer’s guidance should be followed to ensure that the plant is re-energised safely and to avoid potential damage.

Key Terms

Key workers (critical workers) – this is for any worker involved in work, which is considered critical; this includes infrastructure and utilities work, support for public services or emergency domestic repairs. These workers, with a letter from their employer, should be able to secure a place at school for their children if they need one and one is available.
Dutyholder – a legal individual (company or person) who holds a legal responsibility in relation to a particular piece of legislation e.g. an employer under Section 2(1) of the Health and Safety at Work etc. Act 1974.
Social distancing – means staying two metres apart from other people.
Written scheme of examination – a document containing information about selected items of plant or equipment, which form a pressure system. The written scheme of examination identifies the parts of the plant or equipment, which are to be examined, the nature of any inspection and testing and the maximum intervals between examinations.

Further information can be found from HSE

Control of Substances Hazardous to Health, Approved Code of Practice and Guidance (L5) sixth edition
Inspections and Reports, Construction Information Sheet No 47 (rev1)
Legionnaires’ Disease, The Control of Legionella Bacteria in Water Systems, Approved Code of Practice and Guidance (L8)
Legionnaires’ Disease: Technical Guidance, Part 1: The Control of Legionella Bacteria in Evaporative Cooling Systems (HSG274 Part 1) 2013
Legionnaires’ Disease Technical Guidance Part 2: The Control of Legionella Bacteria in Hot and Cold Water Systems (HSG274 Part 2) 2014
Managing Health and Safety in Construction, Construction (Design and Management) Regulations 2015, Approved Code of Practice and Guidance (L153) 2015
Safety in the Installation and Use of Gas Systems and Appliances, Gas Safety (Installation and Use) Regulations 1998 as Amended, Approved Code of Practice and Guidance (L56) (fifth edition) 2018
Safety of Pressure Systems, Pressure Systems Safety Regulations 2000, Approved Code of Practice and Guidance (L122) (second edition), 2014
Safe Use of Lifting Equipment, Lifting Operations and Lifting Equipment Regulations 1998, Approved Code of Practice and Guidance (L113) (second edition), 2014
Safe Use of Power Presses, Provision and Use of Work Equipment Regulations 1998 as Applied to Power Presses, Approved Code of Practice and Guidance (L112) (second edition) 2014
Safe Use of Work Equipment, Provision and Use of Work Equipment Regulations 1998, Approved Code of Practice and Guidance (L22)
Workplace Health Safety and Welfare, Workplace (Health, Safety and Welfare) Regulations 1992, Approved Code of Practice and Guidance (L24)