An HSE Inspector’s View of RPE

1. An HSE Inspector’s View of RPE Duncan Smith FOD SG Occupational Hygiene

2. Contents RPE in the Hierarchy of Controls Inspections Common RPE Issues RPE Enforcement - Hazards, Industries & Notices Benchmarking for Inspectors

3. RPE in the hierarchy of controls • Several measures from the COSHH hierarchy of control will usually be needed to ensure effective control • RPE is all too often provided as the only means of control • Only suitable as a primary control measure when other means of reducing exposure are not ‘reasonably practicable’

4. RPE in the hierarchy of controls • RPE is an important control technique in many situations: - where other methods of control are not technically feasible or are prohibitively expensive - where exposure only occurs occasionally e.g. some mainenance tasks - where exposure occurs intermittently during a shift - during emergencies e.g. spillages - as a secondary control measure

5. FOD Inspections • Approx ¾ million premises regulated by HSE • Around 1100 frontline FOD staff • 22000 proactive inspections agreed annually • 70/30 reactive-to-proactive resource split • reactive investigations into fatalities, accidents, ill health, dangerous occurrences and complaints

6. Common RPE Issues • No RPE • RPE not suitable and sufficient • No maintenance programme • No face fit testing • No breathing air quality checks • No training

7. Most Frequent Hazards • Most common hazardous substances enforced on are; - silica (construction) - isocyanates (motor vehicle repair) - asbestos (non-licensed work)

8. Enforcement – COSHH Regs & ACoP • An Approved Code of Practice (ACoP) has a special legal status and gives practical advice on how to comply with the law • If you follow the advice therein you will be doing enough to comply with the law in respect of the matters on which the ACoP gives advice • You may use alternative methods to those set out in the ACoP in order to comply with the law. • However, if you are prosecuted for breach of health and safety law and you did not follow the ACoP, you will need to show compliance with the law by some other way or you will be found at fault.

9. Enforcement - Guidance • Inspectors seek to ensure compliance with the law and may refer to guidance as illustrating good practice • Guidance is not compulsory and dutyholders are free to take other action • Verbal advice by Inspectors is not enforcement action

12. Benchmarking for inspectors • Sector guidance e.g. Topic Inspection Pack, Sector Information Minutes, Operational Guidance • Internal Training • Specialists

13. Extract from MVR TIP

14. Fee For Intervention Where a material breach of regulation is identified and the breach is severe enough to necessitate the need to write to the dutyholder, HSE will recover their costs until the breach is rectified

15. Take home messages • RPE is an important part of any control strategy • Key stakeholders have an important part to play in education of dutyholders • HSE target high risk activities and do enforce where necessary

16. Questions? Email: duncan.smith@hse.gsi.gov.uk