Best Practice for Risk Based Inspection

It follows, therefore, that employers with pressure systems on their sites are required
to carry out an assessment of the risks associated with that system. With respect to
the risks associated with the release of stored energy in-service, the employer will
meet his obligations under the MHSWR by complying with the requirements of the
PSSR. For all other risks associated with the equipment, the employer should ensure
that the risk assessment identifies the measures he needs to take.
The ACoP issued in support of the MHSWR states that the risk assessment should
be ‘suitable and sufficient’. It should identify the significant risks, enable the
employer to identify and prioritise the measures that need to be taken to comply
with the relevant provisions. In addition, it needs to be appropriate to the nature of
the work and be such that it remains valid for a reasonable time.
The ACoP also discusses the issue of review and revision. The employer is required
to review and modify where necessary the risk assessment. The assessment should
not be a ‘once and for all’ activity. The nature of the work (i.e. the operating
parameters) may change and that there may be developments that suggest that an
assessment may no longer be valid or that it can be improved. It is prudent to plan a
review of risk assessments at intervals dependent on the nature of the risks and the
degree of likely change.
There are no set rules about how a risk assessment should be undertaken. It is
accepted that it will depend on the nature of the undertaking and the type and extent
of the hazards and risks. The process should be practical and would not be expected
to cover risks which are not considered reasonable foreseeable. For small systems
presenting few or simple hazards a suitable and sufficient risk assessment can be
based on judgement i.e. a qualitative approach. For larger more complex systems,
the assessment may need to be developed into a full safety case incorporating a
quantitative approach.
The preventative and protective measures that can be taken following the risk
assessment depend upon the requirements of the HSW Act and any other relevant
legislation as well as the outcome of the risk assessment. It is always best to avoid
the risk altogether, if that is possible, and to treat the risk directly rather than just
mitigate for the outcome of the risk.
2.1.4. The Provision of Use at Work Equipment Regulations 1998
As the MHSWR covers the general requirements for risk assessments, the Provision
of Use at Work Equipment Regulations (PUWER) does not include a specific
regulation requiring a risk assessment (2.6).
Regulation 4 – Suitability of work equipment states that ‘Every employer shall
ensure that work equipment is so constructed or adapted as to be suitable for the
purpose for which it is used or provided and in selecting work equipment, every
employer shall have regard to the working condition, and to the risks to the Health
and Safety of persons which exist in the premises and any additional risk posed by
the use of that work equipment’ and the supporting guidance goes on to say that the
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