HSE warning on Regulation 8 compliance

THE Health and Safety Executive is concerned by a number of instances of non-compliance with Regulation 8 of the Quarries Regulations 1999 and is warning operators to expect this area of quarry management to come under closer scrutiny in future. Regulation 8, ‘Management Structure’ refers to the arrangements and appointments ‘to provide in particular that all persons working at the quarry come under the authority of a competent person...’ (Reg. 8(2)).

The HSE says Inspectors visiting different parts of the country have been concerned to find some quarries being operated without the requirements of Regulation 8 being met. In some cases this was due to a technical breach, where the wrong person, such as someone who works mainly elsewhere, had been appointed under Reg. 8(1)(c). In other cases, however, it was the result of a more fundamental failure by the operator to make suitable appointments and to ensure that a sufficient number of competent persons had been appointed to manage the quarry safely.

At last month’s meeting of the QNJAC, HM Inspector Helen Turner commented on the situation and issued a paper clarifying the fundamental requirements for compliance with Regulation 8. The paper, which was circulated for information/discussion and, if necessary, action by QNJAC members within their organizations, contained the following:

The Reg. 8(1)(c) appointee should be whoever fits the job description of being ‘in charge of the operation of the quarry at all times when persons are working in the quarry’ in a health and safety context. In the case of many smaller quarries this person is frequently the foreman, with the ‘manager’ being based remote from the site and not ‘readily available’ as the 8(1)(c) is expected to be. This does not preclude the foreman from being appointed under 8(1)(c) provided he or she is competent.

In understanding what is meant by ‘readily available’, it is helpful to refer to the explanation of ‘available’ at ACOP paragraph 194(i): ‘someone of that level of competence who can be contacted to advise…and if necessary, to take personal charge’. ‘Readily available’ is arguably a higher standard, but has not yet been tested.

When the 8(1)(c) is not readily available the necessary competences will need to be covered by the 8(1)(d) appointment(s). More than one person may be appointed under 8(1)(d) if necessary, provided that they each understand their role and responsibilities and these are recorded in the health and safety document. Again the job title(s) is not important; what is necessary is effective management of health, safety and welfare.

For further guidance or information, contact Helen Turner on tel: (029) 202 63076.