CPA Bulletin

28 CPA Bulletin > November 2020 www.cpa.uk.net Q&As: 1 q & a s Currently, with all our plant/powered access a user manual is sent out with the kit. We were hoping to transfer these to being available online and then available to view via a QR code. Would this be acceptable froma legal point of view, or do we need a physical copy to send with the machine? From a legal aspect, the overriding legislation is the Health and Safety at Work Act - Section 6 which requires suppliers (including hirers) to provide ‘adequate information about the use for which it is designed and has been tested, and about any conditions necessary to ensure that, when put to that use, it will be safe and without risks to health’. The Supply of Machinery Regulations (specifically for manufacturers) further requires that: ‘The information needed to control machinery must be provided in a form that is unambiguous and easily understood. It must not be excessive to the extent of overloading the operator’. Finally, The Provision and Use for Work Equipment Regulations (PUWER) reg 8 (specifically for users of the equipment) states that: ‘Every employer shall ensure that all persons who use work equipment have available to them adequate health and safety information and, where appropriate, written instructions pertaining to the use of the work equipment. The information and instructions shall include information and, where appropriate, written instructions on: • the conditions in which and the methods by which the work equipment may be used; • foreseeable abnormal situations and the action to be taken if such a situation were to occur; and • any conclusions to be drawn from experience in using the work equipment. Information and instructions required by this regulation shall be readily comprehensible to those concerned’. So in essence, as a supplier, you need to ensure that the user is provided with the relevant information pertaining to the safe use of the machine - which will be predominately the operators manual and any other safety material supplied by the manufacturer - which does include warning and instruction decals. Although there is a requirement for the type of information that has to be provided and that it’s in a written format, readily comprehensible by the user and supervisor of the machine, it doesn’t indicate the methodology of delivery e.g. on paper or electronically. In answer to your question, our advice is that this would ultimately be a discussion with your customer on whether the format you’re offering e.g. online portal for viewing and/ or downloading, can enable the employer to meet their legal duties as laid down in reg 8 of PUWER e.g. they have the mechanism to provide the operator with written instructions which could be via a tablet or printed off and handed over accordingly. However, there is also a current argument that as physical documents are now viewed as potential transmitters of viruses between people, that downloading information on personal electronic reading devices may be a safer way of communicating information. There is additional information on this subject at https://www.hse.gov.uk/work- equipment-machinery/instructions.htm and I’ve also copied the relevant guidance from PUWER in support of the regulation. The CPA has produced a flowchart which would benefit Hire Desk personnel in the situation you describe. A copy is available from our website at https://www.cpa.uk.net/contract- conditions/ Does the CPA have any guide or leaflet which would assist my Hire Desk personnel to ensure that the correct terms are sent to a customer, and any pointers that should ask when speaking to the customer?