Food and Drink Federation€¦ · Statutory Requirements PSSR Note There is no automatic exemption of pressure vessels under 250 bar litres. The automatic exemption only applies:

Food and Drink Federation

Presentation to OHS CommitteeSTATUTORY EXAMINATIONS

24 September 2013

Mike McNamaraM E I SMcNamara Engineering Inspection Services1 Madge Lane phone : 01335 347000Osmaston fax : 01335 347111Ashbourne mob : 07753 823723Derbyshire email : [email protected] 1LT

Statutory Requirements

THE PRESSURE SYSTEMS SAFETY REGULATIONS 2000 (PSSR)

Regulation 8 ‐Written Scheme of ExaminationThe user of an installed system and owner of a mobile system shall not operate the system or allow it to be operated unless he has a Written Scheme for the periodic examination of the system by a Competent person.Regulation 9: Examination in Accordance with the Written SchemeThe user of an installed system and the owner of a mobile system shall:a) ensure that those parts of the Pressure System included in the scheme of examination are examined by a competent person within the intervals specified in the scheme

Statutory Requirements PSSR

OWNERS AND USERS DUTIESUnlike most other health and safety legislation which broadly puts duties on the ‘occupier’ or ‘employer’, PSSR 2000 puts the primary duty of compliance on ‘users’ in the case of fixed (installed) systems, or ‘owners’ in the case of mobile systems.

WHAT IS A PRESSURE SYSTEMPSSR 2000 defines a pressure system as follows:a system comprising one or more vessels of rigid construction, any associated pipework and protective devices…which contains or is liable to contain a relevant fluid.


WHAT IS A RELEVANT FLUIDPSSR 2000 defines a “relevant fluid” as follows:• Steam• Gases under pressure or fluids which are artificially kept

under pressure and become gases on release to atmosphere.... subject to the pressure being 0.5 bar above atmospheric pressure.

Providing the system contains at least one rigid pressure vessel therefore, the regulations apply to all steam systems (irrespective of the pressure) and systems in which gases exert a pressure of at least 0.5 bar above atmospheric pressure


However, certain pressure systems are exempted from complying with some key regulations and others are exempted from compliance with all of the regulations, for example:

Schedule 1 Part 1– exempted from all regulations18 Any vapour compression refrigeration system incorporating compressor drive motors, including standby compressor motors, having a total installed power not exceeding 25 kW.

Schedule 1 Part 2 – exempted from certain regulations2 (1) … regulations 5(4), 8 to 10 and 14 shall not apply to a pressure system containing a relevant fluid (other than steam) if the product of the pressure in bar and internal volume in litres of its pressure vessels is in each case less than 250 bar litres.


NoteThere is no automatic exemption of pressure vessels under 250 bar litres.

The automatic exemption only applies:“… if the product of the pressure in bar and internal volume in litres of its pressure vessels is in each case less than 250 bar litres”

Where the relevant fluid is steam all the regulations apply, irrespective of the vessel pressure and size.

Statutory Requirements LOLER

THE LIFTING OPERATIONS AND LIFTING EQUIPMENT REGS 1998(LOLER)

Regulation 9 ‐ Thorough examination and inspection Regulation 9(3) details the requirements for periodic “in service” thorough examination as follows:

Every employer shall ensure that lifting equipment which is exposed to conditions causing deterioration which is liable to result in dangerous situations is ‐

(a) thoroughly examined ‐

(i) in the case of lifting equipment for lifting persons or an accessory for lifting,at least every 6 months;

(ii) in the case of other lifting equipment, at least every 12 months; or(iii) in either case, in accordance with an examination scheme; and(iv) each time that exceptional circumstances which are liable to jeopardise the

safety of the lifting equipment have occurred.

Statutory Requirements LOLER

WHAT IS LIFTING EQUIPMENT?

LOLER regulation 2 defines “Lifting Equipment” as:

Work Equipment for lifting or lowering loads and includes its attachments used for anchoring, fixing or supporting it.

Statutory Requirements CoSHH

THE CONTROL OF SUBSTANCES HAZARDOUS TO HEALTH REGS 2002(CoSHH)

Regulation 7 ‐ Prevention or control of exposure to substances hazardous to health

(1) Every employer shall ensure that the exposure of his employees to substances hazardous to health is either prevented or, where this is not reasonably practicable, adequately controlled.


Regulation 9(2) states –

Where engineering controls are provided to meet the requirements of regulation 7, the employer shall ensure that thorough examination and testing of those controls is carried out –

a. in the case of local exhaust ventilation plant at least once every 14 months, or for local exhaust ventilation plant used in conjunction with a process specified in Column 1 of Schedule 4, (see below) at not more than the interval specified in the corresponding entry in Column 2 of that Schedule; or

b. in any other case at suitable intervals.


Schedule 4Column 1Process

Column 2Minimum Frequency

Processes in which blasting is carried out in or incidentalto the cleaning of metal castings, in connection with theirmanufacture.

1 month

Processes, other than wet processes, in which metalarticles (other than of gold, platinum or iridium) areground, abraded or polished using mechanical power, inany room for more than 12 hours in any week

6 months

Processes giving off dust or fume in which non-ferrousmetal castings are produced

6 months

Jute cloth manufacture 1 month


Notes:All engineering control measures must be examined and tested at suitable intervals but if the control measures take the form of LEV then there are prescribed examination frequencies.

A suitable record of each thorough examination and test and any repair resulting therefrom must be kept for a least five years.

The objective of Regulation 9(2) is to ensure that every element of a control measure performs as originally intended, and continues to adequately control the exposure of employees to substances hazardous to health. The examiner must therefore compare the test results with the LEV design specification, i.e. the commissioning / benchmark data or the intended operating performance.

COMPETENT PERSON

UKASThe United Kingdom Accreditation Service (UKAS) is recognised by the Department of Trade and Industry as the sole national body responsible for assessing and accrediting organisations undertaking plant and machinery inspection.

If you are unfortunate enough to find yourself in court on an inspection‐related matter, the use of a UKAS accredited inspection body is a powerful demonstration that you have exercised all due diligence in the selection and appointment of an inspection body

COMPETENT PERSON

UKASAccreditation Type A The inspection body providing ‘third party’ services shall meet the criteria of of ISO/IEC 17020:1998 annex A (normative) and ISO/IEC 17020:2012 annex A.1 (normative)

B The inspection body which forms a separate and identifiable part of an organisation involved in the design, manufacture, supply, installation, use or maintenance of the items it inspects and has been established to supply inspection services to its parent organisation shall meet the criteria of ISO/IEC 17020: 1998 annex B (normative) and ISO/IEC 17020:2012 annex A.2 (normative)

C The inspection body which is involved in the design, manufacture, supply, installation, use or maintenance of the items it inspects or of similar competitive items may supply inspection services to other parties not being its parent organisation shall meet the criteria of ISO/IEC 17020:1998 annex C (normative) and ISO/IEC 17020:2012 annex A.3 (normative)

Duty Holder

• So, you’ve appointed a Competent Person with both UKAS accreditation and SAFed membership.

• But it’s not sufficient to appoint a Competent Person and entrust to them the responsibility for meeting all of your statutory examination obligations.

• Legally, responsibility can not be transferred for any failure to meet statutory requirements; it always rests with the owner/user of the plant and machinery.

• Many organisations are not “in control” of their own examination programmes, often with the result that they are unknowingly in breach of statutory requirements.

COMPETENT PERSON

Expectations

• Electronic reporting• Be prepared to work with the Competent Person –

– You need to make the plant available• Isolate pressure vessels• Remove inspection covers / panels• Provide personnel to carry out functional tests of protective devices / operate MEWPs etc.• Provide safe access for work at height / entry into confined spaces etc.

– All as required by the Competent Person.

• You need to take control– You need to diary and arrange the examinations – don’t leave it to the Competent

Person.– Much depends on individual engineer surveyors – but surveyors change.– Some companies / engineer surveyors may have different views about what constitutes an overdue

item.• Not Available• 15 days

Duty Holder

• Increasingly, main board directors charged with corporate governance are taking an interest in statutory examinations.

• They want assurance that:

– All of their statutory plant is being examined at the correct intervals;– Examinations are up to date;– Written schemes of examination are up to date and being reviewed;– Defects identified in the examination reports are being rectified.

Duty Holder

• How do you achieve this?

– Firstly you need to establish the current position – Identify any failings / non‐compliances and introduce measures to eliminate

recurrences.– Provide personnel with the tools they need to take and maintain control of the statutory

examination arrangements. – Set the benchmark.

• You need to audit the existing arrangements to set the bench mark against which future improvements can be accurately measured.

Duty Holder

The benefits of bench marking are that:

• It provides a very clear and simple executive summary of the audit findings and targets those areas where action is required;

• It sets a bench mark against which future improvements can be accurately measured;

• It provides an incentive to local managers to take and maintain control of the statutory examination arrangements.

Anonymous Co. Ltd. 03/05/11

Actual Benchmark Scores• 26/05/09 15%• 03/05/11 83%

Should have been:• 91% in 2010• 95% in 2011

BenchmarkingMaximum

Pressure Systems Safety Regulations 2000 Available Possible in 2010

Written Schemes in place 20 20

Reviewed within last three years 10 10

All pressure vessels and protective devices included in WSE 20 20

No “redundant” pressure vessels included 10 10

All thorough examinations up to date 20 20

All working examinations up to date 20 20

Past examinations carried out at the correct intervals 20 10

PSSR sub totals 120 110

Benchmarking

Lifting Operations & Lifting Equipment Regs

All lifting equipment identified and examined 25 25

6 monthly examinations up to date 25 25

12 monthly examinations up to date 25 25


LOLER sub totals 100 95

Benchmarking

Control of Substances Hazardous to Health Regs

All LEV equipment identified and examined 25 25

IOP’s available for each unit 25 25

Thorough examinations up to date 25 25


COSHH sub totals 100 80

Benchmarking

Control of the Programme

Filing and maintenance of written schemes and reports 30 30

Effective Diary systems for:

1. PSSR 10 10

1. LOLER 10 10

1. COSHH 10 10

Control sub totals 60 60

Benchmarking

Total Points Available 380

Total Points Awarded 345

Percentage at last audit 15%

Percentage at this audit prior to adjustment for repeat defects 91%

PERCENTAGE DEDUCTION FOR REPEAT DEFECTS Last audit This audit

3 or more items with repeat defects on the latest examination reports (2% deduction)

N/A 0

3 or more items with repeat defects on more than two consecutive examination reports (5% deduction)

N/A 0

10 or more items with repeat defects on the latest examination reports (10% deduction)

N/A 0


Item No. Description / Defects / Number of consecutive reports containing this defect Exam Dates

XX Electric Fork Lift truck The tyres are worn and should be renewed or the treads re-cut. 3 The distorted load guard should be reset correctly. 3

08/12/10 02/06/10 07/12/09

The “Comments History” taken from the June 2010 report is reproduced below:

Comments History Date/Time User Comment

19 July 2010 16:34:51 Anonymous Truck restricted to use in factory. Tyres & load guard serviceable.


Item No. Description / Defects / Number of consecutive reports containing this defect Exam Dates

XX Electric Fork Lift truck The tyres are worn and should be renewed or the treads re-cut. 3 The distorted load guard should be reset correctly. 3

08/12/10 02/06/10 07/12/09

The “Comments History” taken from the June 2010 report is reproduced below:

Comments History

Date/Time User Comment

19 July 2010 16:34:51 Anonymous Truck restricted to use in factory. Tyres & load guard serviceable.

HSEExtracts from HSE Letter from Field Operations Directorate dated 31/08/11

• I had asked for the most current report for each lift truck and the two prior to that.

• What I have done is focus on the most recent reports of thorough examination. I have looked at these in detail. All relate to thorough examinations undertaken in 2011.

• I have identified 61 lift trucks at 33 locations with Category (b) defects ,two of which also list a Category (a) defect.

• As you'll already appreciate the Provision and Use of Work Equipment Regulations 1998 requires you to ensure that fork lift trucks in your fleet are maintained in an efficient state, in efficient working order and good repair. You should not be relying on LOLER thorough examinations to identify defects that should be picked up during daily user checks and routine maintenance inspections.

HSE

Extracts from HSE Letter from Field Operations Directorate dated 31/08/11

• The Category (b) note on the Competent Person’s reports states "defects requiring corrective action as soon as reasonably practicable".

• Although some of the defects do not relate to the lifting aspect of the equipment in my opinion they have nevertheless been recorded as Category (b} defects by the competent person undertaking the thorough examination.

• I am therefore, in light of my enquires to date in respect of fork lift truck maintenance, providing you (the Client) with 7 days to provide written verification that all the Category (a) and (b) defects on all 61 lift trucks have been corrected.

HSE

Extracts from HSE Letter from Field Operations Directorate dated 31/08/11

• Alternatively if the defects have not been corrected, provide justification that the defects do not equate to failure to maintain in an efficient state, in efficient working order and good repair.

• Where verification and I or justification fails to address all reported defects, those lift trucks affected will be subject to an Improvement Notice, 1 per lift truck, providing you with 2 months to take corrective action to remedy the defects

INCIDENTFollowing the eviction of travellers from a pumping station, the site was inspected and it was found that they had tapped into the wash water supply and damaged a pressurisation vessel which was located in a chamber approx. 4 feet deep.

An external contractor was brought in to replace the pressurisation vessel.

Subsequently an in‐house technician attended site in response to a job card. He had been sent to investigate a suspected broken water pipe but on entering the chamber found that the tap was in the “off” position . As he turned the wash water on, he noticed that the vessel was expanding and suddenly exploded. The vessel hit him on his upper right arm and he was off work for one month.

It was subsequently discovered that the replacement vessel had a maximum working pressure of 4 bar whereas the original vessel had a maximum working pressure of 10 bar.

INCIDENT

Black Museum

Black Museum

Black Museum

Black Museum

Black Museum

Documents

Food and Drink Federation€¦ · Statutory Requirements PSSR Note There is no automatic exemption of pressure vessels under 250 bar litres. The automatic exemption only applies: