nepic 2011 hylton reid senior engineer hazardous areas
TRANSCRIPT
NEPIC 2011
Hylton Reid
Senior Engineer
Hazardous Areas
Agenda for Today
• Competence in Hazardous Areas• The NICEIC Hazardous Area Scheme• Legal Obligations
Basics
• This is a somewhat complicated subject, so please forgive me if I seem to jump around a bit
• We need to cover a lot of ground, some of which you will be familiar with, but I need to ensure that we all have the same basic understanding first
Competence 1
• Many people, when asked, would admit to being competent in some way
• What I wish to discuss is “Demonstrable Competence”
• I. E. Something which can be SHOWN or PROVEN
Competence 2
• What we really want is someone who can “do the job” safely and cost effectively.
• We aren’t terribly interested when things go well, only when they go wrong.
• In Hazardous Areas this doesn’t happen very often, but when it does the World hears about it!– Buncefield– BP
Competence 3
• What does being “Competent” mean?• It depends on the tasks being undertaken• The accepted definition is to have
– Current knowledge and– Practical experience
• One without the other is not sufficient
Competence 4
• The latest definition of Competence from ISO/IEC 17024 : 2010 is– A Demonstrated ability to apply Knowledge
and Skills• These obviously will vary from task to
task, and hence there is no universal answer– A person may be competent to work on
domestic installations, but that would NOT suffice for Hazardous Areas
Competence 5
• What is available?– CompEx by EEMUA/JTL– Competence Professional by Sira– The new IECEx Personal Competence
Scheme– Several other, individual, schemes.
Competence 6
• They all have weaknesses:– They are for Individuals– They don’t examine Practical Experience in a
thorough manner
• What industry wants is an organisation that can “Do the job” required
Competence 8
• The requirements for being competent has always appeared in Legislation, but now appear in other, more workable, documents.– BS EN IEC 60079 Part 14 (Installation)– BS EN IEC 60079 Part 17 (Inspection)– The IP/APEA Guide for Filling Stations
The NICEIC HA Scheme
• It is an Extension to Enrolment for work undertaken by electrical contractors in Hazardous Areas
• Only available to existing Contractors• Need to have a “responsible” person called the
Principal Duty Holder• Need to have sufficient “competent” persons to
be responsible for the work being carried out• It is the only UKAS Accredited scheme for the
assessment of Hazardous Areas electrical contractors
NICEIC Assessment 1
The NICEIC Scheme has 35 points of measurement, in addition to a Technical Assessment of recent work which has been completed by the contractor
They need to formally appoint someone to be responsible for the safety of their work, QS(HA)
All test results need to be checked and verified
Test equipment has provable accuracy
Complete and accurate documentation is produced for the work and provided to the customer
NICEIC Assessment 2
Using only trained personnel, with records of training and experienceThere is “suitable and sufficient” supervision of the workforce and their tasks by the QS(HA)Sufficient, correct, up-to-date “Standards/Codes of Practice” are available at the workplace for reference Knowledge of the various requirements, e.g. Inspection & Testing, EWR, Safe Isolation, BS 7671, ATEX, DSEAR, IEC, IP/APEA, etc is soundFailure to meet any of the criteria could result in deferment or suspension
A Review of Legislation
Not a comprehensive review, but just to summarise the legal framework under which we operate
The Electricity at Work Regulations - 1989
EWR
The Dangerous Substances and Explosive Atmosphere Regulations – 2002
DSEAR
Health & Safety at Work
• Who is responsible for this?– The HSE?– The Contractor?– The Design Consultant?– The Supplier?
• On any site it is the Responsible Person for that site, sometimes referred to as the Employer or Duty Holder
Electricity at Work Regulations (EWR)
• Regulation 4 (2)– As may be necessary to prevent danger, all
systems shall be maintained so as to prevent, so far as is reasonably practicable, such danger
– For electrical equipment installed in Potentially Explosive Atmospheres the requirement is for it to be inspected at intervals not exceeding 3 years
Electricity at Work Regulations (EWR)
• Regulation 16– No person shall be engaged in any work
activity where technical knowledge or experience is necessary to prevent DANGER or, where appropriate, INJURYunless he POSSESSES such knowledge or experience, or is under such supervision as may be appropriate having regard to the nature of the work
• This says it all!
DSEAR 1
• UK Version of ATEX Directive 137Places responsibility with the EMPLOYER (Duty Holder) to carry out a Risk Assessment of their workplace to identify the risks from fires or explosions, classify them into Zones and record the results
To ensure the risks are eliminated or minimised and that all equipment installed is suitable for the application
DSEAR 2
• Before any workplace containing areas classified as hazardous is used for the first time, the employer shall ensure that its overall explosion safety is verified by a person who is competent in the field of explosion protection as a result of their experience or any professional training or both
Under HASAWA, EWR, DSEAR..
• A Responsible Person on the site has to ensure the site is safe for its purpose and that persons are not placed at risk to their health and safety
• If you employ a Contractor to do work for you, does it absolve your responsibility?
• NO. • As the employer You are still the
responsible legal entity
Under HASAWA, EWR, DSEAR..
• A person may accept results from another person, provided it is reasonable for him to do so
• If the person providing the results is not Competent in the area of work, is it reasonable for you to accept their results?
Why use Assessed Contractors
A confidence in their capabilityThey are required to send the correct documentation for the work completedSaves you from having to determine their competence to undertake the workCovered by our “Guarantee of Standards” and “Complaints” SchemesKnowledge that their Insurance, Control of Documentation, Training, Technical Capability, etc, is up-to-date
Documentation
ASDA 2003
ASDA 2003
Filling station fire 2005
Filling station fire 2005
Filling station fire 2005
Spot the Mistake
NICEIC Scheme Costs
• Application fee £290• Assessment fee £350• That’s it!
– All other costs are those which a competent organisation should already have taken care of
Costs 1
• Cost savings can be made by:– Not employing qualified electricians– Not having accurate test equipment – Not carrying out all tests – only 10%– Not producing complete documentation for
the work undertaken– Not carrying Public Liability insurance– Not having copies of Guidance documents
Costs 2
• There are a number of “Trust a Trader” organisations which register contractors for fees of about £500.
• The contractors write their own references and are listed WITHOUT any assessment.
• The NICEIC scheme costs about the same and includes an annual assessment visit to site for each contractor on the roll.
Terminology 1
• What is the difference between a “Statutory Instrument”, a recognised BS or IEC “Standard” and a “Code of Practice” or “Guide”? – A Statutory Instrument is LAW– A Standard describes current best practice, as
does a Guide– A Guide may often be prepared for a
particular industry or interest group
Terminology 2
• The Highway Code is a guidance document for drivers
• If you commit an offence you will be prosecuted under the Road Traffic Act, where failure to follow the Highway Code will be used as evidence of failing to follow good practice
Prosecution
• If you fail to follow the requirements of the International and European Standard for Hazardous Area installations and an incident occurs, a prosecution may be forthcoming under the Electricity at Work Regulations or the Health and Safety at Work Act– See the recent prosecutions for Buncefield!
EWR Regulation 29
Regulation 29 of the EWR lists a possible defence against prosecution
The Regulation does not apply not all Regulations, only those which are specified
One of those which is specified, and to which it does apply, is Regulation 16, “Competence”
EWR Regulation 29
Provided that you can demonstrate that you have taken all reasonable steps and exercised all due diligence to avoid committing the offence, that is your defence
If there are specially approved, UKAS Certified, contractors available and you choose not to use them, you cannot claim that you have exercised all due diligence
End
Thank you
Any Questions?