This is a summary of the HSE’s formal response to the proposal set out by the Amusement Device Inspection Procedures Scheme (ADIPs) and Amusement Device Safety Council (ADSC), which was received by the Health and Safety Executive (HSE) on 1st April 2020. ‘The proposal submitted by ADIPs/ADSC asked the HSE to consider amending the requirement to have the in-service inspection completed on annual basis as is set out in HSG 175, ‘Fairgrounds and amusement parks: Guidance on safe practice’. Specifically HSE was asked to consider that; 1. Any DOCs that were due to expire from Friday 20th March 2020 up until the date that Government restrictions regarding travel are lifted be granted a 3-month extension. 2. Any inspections that take place in the future do not have their DOC issued until such times as the government restrictions on mass gatherings are lifted. HSE recognise that there may be circumstances that will lead to amusement devices falling outside the 12 month time limits for inspection and issue of a DOC, and that the equipment will therefore have to be taken out of service. However, the statutory obligations set out in health and safety law (e.g. Provision and Use of Work Equipment Regulations) are unchanged and as such, the 12 month time limit for inspection and expiry of a Declaration of Operational Compliance issued under the ADIPs scheme remains in place. This is consistent with recently published guidance
on the requirements for thorough examination and testing (TE&T) of lifting equipment and pressure systems as required by the Lifting Operations and Lifting Equipment Regulations (LOLER) and Pressure Systems Safety Regulations (PSSR). HSE sets out in the guidance the very limited circumstances when it may be acceptable for lifting equipment and pressure systems to be used when it deviates from the required TE&T regimes. However, it should be noted that this type of equipment should only be used outside of its TE&T regime, if the duty holder can demonstrate that it is critical for essential work and that it can still be operated safely. It should be noted that essential work, is that which the Government has identified as critical to the COVID-19 response. This includes work in, or in support of, all the Government’s list of critical sectors. As the fairground sector has not been identified by the Government as critical to the COVID-19 response, HSE’s position remains that no amusement device should be used if it has not been maintained effectively and has not been subject to a suitable inspection within the last 12 months by a competent person.’ The Showmen’s Guild of Great Britain and Northern Ireland considers the HSE response to be less than helpful to members. Following a conference call on Friday 17th April the ADSC has asked that we include the HSE & the IB’s especially those involved with the travelling fun fairs to look at how to proceed in order to ensure that members can get tested in preparation for when we do , eventually get the restrictions lifted. We advise members to contact your regular testing engineers to ensure that you can get tested as and when needed. It is important to note that when restrictions are lifted there may be a surge in demand for testing, therefore members should contact their engineers in good time to prevent a situation where there is an opportunity to open but the test can’t be done due to sudden demand.