Posted by Master of none on 16/08/2023 17:04:21:
Qualified is a term often used in manufacterer's instruction and is in my opinion, somewhat meanlingless regarding electricial installation work.
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It's not meaningless in a different way. Rather a lot of British Law is vague, not black and white, and it's left to the courts to decide what it means. Anyone likely to end up in the dock needs to think about their liability in the event of an accident.
Put yourself in the position of an employer faced with: "No person shall be engaged in any work activity where technical knowledge or experience is necessary to prevent danger or, where appropriate, injury, unless he possesses such knowledge or experience, or is under such degree of supervision as may be appropriate having regard to the nature of the work". Thinking of saving a few bob by paying a 12 year old boy to upgrade all the fuses in a 415V switch-room? If so, consider what a Judge, Jury and Insurance Company would make of your decision it was appropriate for a child to do the work. Same applies to telling apprentices and other staff to tackle jobs outside their experience: if there's an accident, you could be found responsible. Gaol, fines, bankruptcy, reputational damage etc.
In this example, to avoid legal unpleasantness, employers have to be able to show that the Electricity at Work Regulations were applied responsibly. In the event of a prosecution how that's proved is down to the employer, but it helps to prepare in advance. Being able to show he employs people with paper qualifications, or relevant experience, and then provides training, suitable supervision, risk management and is health and safety aware goes a long way. An incompetent employer who used untrained staff to take ill-considered short-cuts and hasn't done anything to protect himself and his workers deserves all he gets.
It's an imperfect world. A certificate proves training was undertaken, not that the holder will apply what he learned. However, in the event of an accident, the employer is off the hook, and the man who failed to follow his training is in trouble.
I'm in two minds about whether or not blurry law is a good system. Doesn't help anyone who expects to be told exactly what's right and wrong in simple plain terms! Most people assume rules will be clear. Bad employers can get a good lawyer and argue the toss, often getting away with murder. Responsible employers apply it sensibly, achieving competent safe working by applying any of the many alternatives that best suit their circumstances. The assumption is most employers are responsible, and don't need to be inspected or policed.
Dave
Edited By SillyOldDuffer on 16/08/2023 19:42:17