5
PERSONNEL AND RESPONSIBILITIES
5.1 User/owner These legal terms have earlier been defined in section 3. The distinction between these terms is important as it will determine the duty holder responsible for ensuring compliance with certain regulations under PSSR. Similarly the duties have been outlined in sections 3 and 4 above. In general, the legal responsibilities of the user/owner cannot be transferred e.g. by an employer to an employee. In situations where more than one employer or self-employed person may have an interest in the operation of a plant, para 46 of the ACoP to the PSSR provides guidance as to who is the user. It may however be prudent to take legal advice on the matter in this type of situation as it must be clear to all parties who is responsible under the Regulations. 5.2 Competent Person (CP) A Competent Person (CP) is defined in Regulation 2, PSSR as "a competent individual person (other than an employee) or a competent body of persons corporate or unincorporate and accordingly any reference in these Regulations to a CP performing a function includes a reference to him performing it through his employees.” From para 10 of the PSSR ACoP this term refers to the organisation employing the person who carries out these duties. Therefore, the legal duty to comply rests with a CP's employer, and not with an individual, unless that person is self-employed. A CP is required to undertake two distinct functions under PSSR: x To draw up, certify or review the written scheme of examination; and x To carry out the examinations in accordance with the scheme and to produce a report after each examination. These roles may be undertaken by the same or more than one organisation. The user/owner remains responsible for selecting a CP who possesses sufficient expertise in the particular system and is capable of carrying out the duties in a proper manner. A CP is also able to act in an advisory role and advise on other aspects of PSSR such as the scope of the written scheme and establishing the safe operating limits of pressure systems. In addition to the above legally defined personnel, there are also a number of other personnel involved in the day to day safe operation of boilers. These are discussed below but it should be borne in mind, these may not be terms that have a legal definition. 5.3 Employers Under the Health & Safety at Work etc Act 1974 (HSWA), employers have general duties, amongst other things, to provide safe places of work and adequate training for staff. This general duty on employers is also required under other legislation such as such as MHSWR and PUWER. This legal responsibility cannot be transferred to employees or third parties.
BG01 Guidance on the safe Operation of Steam Boilers Edition 2 – © 2019
Page 14
Made with FlippingBook - Online catalogs