HSE Relax Enforcement of Testing (TE&T) of Plant and Equipment

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Although the law remains in place for LOLER and PSSR, Don-Bur has consulted with the HSE and, due to the current situation with the Covid-19 outbreak, they have confirmed that they are relaxing enforcement "as a result of additional precautions people need to take to help reduce risk of transmission of coronavirus (COVID-19)".

The current response is "... to take no action if the only failing is that TE&T is not carried out by the required date. ".

As you might expect, the welcome news has caveats:

The HSE will "adopt a pragmatic and proportionate approach towards enforcement action for non-compliance with statutory requirements which are directly attributable to the coronavirus (Covid-19) outbreak."

They also state that "Equipment should only be used outside of its test regime if you can demonstrate that it is critical for essential work and that it can still be operated safely."

Lastly, they confirm "You must be able to demonstrate that you have made all reasonable attempts to have the TE&T carried out, made a thorough assessment of the increased risk and taken appropriate action to manage it."

The move from the HSE will provide some relief for operators who are struggling to arrange tests and fear they may receive prohibitions.