NASC Calls For Legal Change On ‘Competence’

ADVERTISEMENT

 

Responding to the recent government report by Professor Löfstedt on the review into existing Health and Safety legislation, the NASC (National Access & Scaffolding Confederation) react in particular to the recommendation to review the Work at Height Regulations by 2013.

Since their introduction in 2005 these regulations have provided an increased awareness to both operatives and employers on the inherent risk when working at height, including what the requirements are to work safely and legally. However some aspects of the regulations can be improved.

One particular ‘grey’ area is the use of the terms ‘competent’ and ‘competence’ which occur frequently throughout the current legislation. These terms are both ambiguous and open to interpretation. This non-specific term has resulted in different interpretations and hence different standards of safety protocol – yet these terms are also at the ‘heart’ of the regulations.

The NASC recommend that these terms be replaced by the term ‘qualified’ (as already adopted in the gas fitting industry). The work at height industry, including scaffolding can demonstrate clearly and accurately that an individual is ‘qualified’ by virtue of the fact that he has completed suitable training, which includes theoretical, practical and on site experience – the aptitude of the Scaffolder to continue to carry out his/her skilled works is also challenged every five years to ensure continued compliance. Scaffolding contracting companies are also able to be audited to ensure continued

compliance/qualification via existing regulated protocol such as the NASC’s membership criteria which is already acknowledged by many clients and main contractors as the only method of determining scaffolding prowess that meets all current Scaffolding and Health & Safety legislation.

By replacing the terms ‘competent’ and ‘competence’ with the clear and indisputable term ‘qualified’ the new edition of the regulations in 2013 will help achieve the objectives of the report’s recommendation – ensuring that those actions carried out in accordance with the Working at Height legislation are proportionate. Adoption of the term ‘qualified’ will also help overcome those continually legislation challenging sectors, such as SMEs and the self-employed.

The NASC has written to Whitehall to reaffirm this point which would appear a simple yet effective recommendation to help the government meet its objectives of the review.

SM Newsdesk
SM Newsdeskhttps://www.scaffmag.com
The staff at ScaffMag.com the leading scaffolding site for a digital generation.

Most popular ↑

CISRS says CSCS notice was served to negotiate “from a stronger position”

NASC president Sarah Klieve says CISRS served CSCS notice to negotiate from a stronger position, as Build UK says the card rules don’t block other sectors.

Scaffold collapses at Sydney site weeks after two workers seriously injured

The scaffold came down at a development on Wattle...

Adrian Chiles puts scaffolding skills shortage in national spotlight

A Guardian column has brought wider attention to recruitment pressures already affecting scaffolding contractors.

Scaffold Innovations: GapClamp™

  Since the Work at Height Regulations 2005 came into...

SG4:10 We Think The Answer Is Fast Guard™

If Carlsberg made advance guardrails.....  could this be the...

Latest news

86m Layher scaffold completed at Giotto’s Bell Tower

An 86-metre scaffold erected in just over four months will support a five-year restoration of the Florence landmark while keeping it open to visitors.
- Advertisement -
More from

WorkSafe targets fall risks on New Zealand residential sites

WorkSafe New Zealand is inspecting residential sites from October to December, with falls from height accounting for 70% of construction prohibition notices.

Builder fined £120,000 after fatal fall through unsafe floor

W G Carter has been fined £120,000 after carpenter Richard “Felix” Roper suffered fatal injuries in a fall during building work, with HSE pointing to safer access and work sequencing.

Queensland coroner calls for mandatory tower scaffold controls after fatal collapse

A Queensland coroner has called for mandatory additional controls on freestanding tower scaffolds in public places after finding that the industry’s accepted height-to-base rule of thumb was not enough to protect against strong winds.

Scaffold collapses at Sydney site weeks after two workers seriously injured

The scaffold came down at a development on Wattle Street in Ultimo, inner Sydney, shortly before 6:45pm on Saturday,...
Latest articles