Thursday, 26 August 2010

Category 1 and Category 2 hazards

My post on The Housing Health and Safety Rating System got as far as calculating Hazard Bands, but I had to look in other documents for the definition of Hazard Categories. For example Housing Health and Safety Rating System - Guidance for Landlords and Property Related Professionals

If the officer finds a serious hazard (i.e. one in the higher scoring bands A – C, called a Category 1 hazard in the Act) the local authority will be under a duty to take one of the courses of action outlined in the section on enforcement in this Guidance. Category 2 hazards (i.e. those in scoring bands D - J) will be ones that the officer judges are not as serious. For these less severe hazards local authorities will still be able to take action if they think it necessary.
Category 1 means a Hazard Score of 1,000 or more
Category 2 means a Hazard Score of 1,000 or less



Let's try a worked example, using the information in my previous post:
  1. A landlord smokes while working on the house. This is a hazard for the vulnerable group of some asthma sufferers, likely to trigger an attack requiring medical treatment at least once per week.
  2. The most appropriate hazard seems to be "Carbon Monoxide and fuel combustion products"
  3. Asthma is a "class 2" harm, so its hazard score is 1,000
  4. The likelyhood of harm is once per week, so I think 52 times per year (the documentation is not clear on what you do with hazards that would cause harm more than once per year)
  5. The Hazard Score = 1,000 x 52 = 5,200
  6. The Hazard Band is "A" (the most serious)
  7. So it's a category 1 hazard.

So what should a Health and Safety official do? Issue Prohibition Orders against all landlords who smoke?

Probably no. I think this is where the Enforcement Concordat is intended to take effect and achieve a negotiated solution. "Before formal enforcement action is taken, officers will provide an opportunity to discuss the circumstances of the case and, if possible, resolve points of difference".

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