Compliance remedial gap - the danger zone

Most FM professionals know that safety with electricity, fire and gas means risk assessments and appropriate programmes of testing and maintenance. However, according to experts PHS Compliance, many organisations fall into a dangerous gap within this essential safety process.

PHS Compliance Managing director, Paul Caddick, explains that a worrying proportion of organisations that have had safety testing fail to complete the necessary remedial repairs that it identifies − including potentially life-threatening faults − placing the duty holder in a position of culpable negligence.  

There’s a lethal hole in the safety process that we call the ‘remedial gap’.   It occurs between the compliance stages of safety testing and getting the essential remedial repairs completed that are found by that testing and subsequently reported as necessary.   In simple terms, all too many organisations fail to act on the findings of the testing they commission, meaning that reported dangers remain unresolved.

If the essential remedial work is not complete following testing, then the organisation could be culpable of fault and negligence. It’s likely that insurance for the site would be compromised and if the worst should happen then it could be clearly proven that the duty holder was liable.

In clear and present danger

Accidents and incidents are not rare.  From years of working on behalf of the HSE on accident investigation I have witnessed countless horror stories and in the course of our business we regularly see lethal situations where sites have been tested but faults not corrected. 

Examples of deadly faults include fittings such as light covers left missing so that live parts are left exposed.  In this instance, something as simple as replacing a bulb therefore turns into a major hazard.  At many sites we find fuse carriers missing, meaning that live parts are left exposed.  Anyone touching these would suffer electrocution.  Incorrect fuses also present a serious danger and our engineers report seeing blown fuses replaced with copper wire; effectively removing circuit protection from the system and meaning that any fault occurring could cause electrocution or fire.

Falling into the gap

If a duty holder fails to conduct safety testing and an accident occurs then it would be argued that they were ignorant.  Sadly no defence in law and in the worst case, the Corporate Manslaughter Act springs to mind.   In the situation where testing has been conducted but failure to act upon the reported findings results in an accident, then it would be straightforward to prove culpable negligence.  So how does this situation occur so regularly?

It is understandably tempting for a busy health and safety officer or facilities manager to receive periodic reports and file them, believing their electrical safety duty is fulfilled.  Or perhaps the periodic reports never reach the right person, being intercepted by a third party such as an outsourced contractor like a facilities management company. 

Many people mistake their test report for a pass certificate.  It’s not − in electrical safety there is no such thing as a certificate.   The periodic report is a thorough technical document that sets out details of the inspection and testing conducted and any ‘damage, deterioration, defects and dangerous conditions within the installation’.  Its content is intended to be acted upon.

Cost Controlled Compliance

Achieving complete safety compliance can be arduous and more and more organisations are seeking to outsource the activities required.  With a careful investigation of the market it''s certainly possible to find an expert supplier that will help you, advise you and manage the practical steps necessary to reach a complaint state. But you can’t delegate your duty of care, so it’s in your interest to understand, as far as possible, what the implications of a testing regime are, so that you can truly content yourself that the precautions being taken are adequate and appropriate (and in line with your risk assessments).  On the flip side, you also want to ensure commercial viability by achieving compliance without overspend or being encouraged to do more than is necessary.

As a starting point for smart buying, the obvious thing to do is to get competitive quotes or tenders.  Normal good practice you might consider, but take care to ensure you evaluate comparable quotes, rather than comparing apples with oranges.  You must check that your prospective suppliers are quoting for the same thing or you could end up taking a cheap deal that turns out to be unsatisfactory in the long run.  For example, suppliers that are hungry for business will use cut price testing to entice you and then back-load the price of resultant remedial repairs which are usually the greater part of the expense.

When you go out for tender or quotes make sure your exact requirements are clear, keep the testing straightforward and to Approved Codes of Practice (ACOPs).  It’s common for quotes to be compiled on guesswork and approximations so when the work is conducted the billing can exceed the estimate.  The sure way to avoid this unpleasant surprise is to be diligent in your specification.

Finally, whilst we’ve focused heavily on electrical safety, remember that this is only part of your duty of care.  You are likely to also need to consider gas, fire, emergency lighting and other services, depending upon your site.  There may be advantages in terms of efficiency and price if you single-source all your compliance requirements, with the added advantage that you have one supplier to contract and manage.  If they can reduce the number of engineer visits required to fulfil your various compliance requirements their costs should be lower and so too should be your invoice for this work.

Final word

In summary, it’s imperative to appreciate that inspection and testing is only part of safety compliance. Essential remedial work must be completed in an appropriate timeframe and in the case of many faults this means urgently following testing, so that the remedial gap is securely closed.