Statutory Compliance vs Best Practice: What You Must Do Legally (and What You Should Do Anyway)

 

With so many regulations and sources of advice available, it can be hard for organisations to distinguish between statutory legal compliance and best practice.

“Recommended”, “required”, and “legally mandated” are terms that are often used interchangeably, which can naturally cause some confusion. However, following the wrong guidance can increase the risk of legal issues.

To help you feel confident in your business efforts, we’ve put together a guide to which safety checks and inspections you legally must carry out, versus those that are strongly recommended.

What counts as statutory compliance?

We’ve compiled a list of safety checks that are not optional under any circumstances. The following tests, assessments, and checks are legally mandated, which means they must be carried out by law:

Fire risk assessments

Are fire risk assessments a legal requirement? Yes. Under the Regulatory Reform (Fire Safety) Order 2005, all businesses must complete a Fire Risk Assessment, whether you run an office or pub, manage a retail unit or school, or are the landlord of an HMO or rental property. You must also keep it up to date by law.

At phs Compliance, we offer comprehensive fire risk assessments which include documentation, recommended actions, as well as evidence of testing as standard, to ensure that you meet legislatory requirements.

EICR fixed wire inspections

To get your EICR, it is important to have your facility’s fixed wiring tested by fully trained and qualified engineers, which is something we guarantee in our EICR Fixed Wire Inspection and Certification service.

Emergency lighting, fire extinguisher, and fire alarm testing

Under the Fire Safety Order mentioned earlier, businesses have a legal duty to test and maintain all emergency lighting and fire alarms within the premises. This is to ensure that they function as they should during a fire emergency and subsequent evacuation.

We’re proud to be the UK’s leading fully accredited specialists in the testing, servicing, and maintenance of fire alarm systems, and can offer:

  • Monthly purge tests or full annual emergency lighting tests (also required under the Health and Safety at Work etc. Act 1974)
  • Fire alarm testing and inspections to BS 5839 and BS 9999 standards (recommended at least every six months)
  • Fire extinguisher testing and inspections to BS 5306 standards (visual check and inspection recommended on a monthly basis under the fire extinguisher servicing requirements, with an annual safety service and certification each year)

Air conditioning and heat pump leak checks

This statutory check is only relevant to systems containing fluorinated gases, such as air conditioning and heat pump systems, and is legally required under F-Gas regulations.

The rules state that air conditioning and heat pump leak checks must be performed on relevant equipment at specific intervals. Non-compliance could result in regulatory fines.

Which safety checks are best practices and not legal requirements?

It’s best to see “best practices” as industry-recommended routines, rather than legally mandated responsibilities. You won’t get into trouble if you don’t carry them out; however, not doing so can potentially increase safety risks and invalidate insurance claims.

Is PAT testing a legal requirement?

PAT testing is not a legal requirement. However, it is the most important industry-standard method for proving compliance.

It is also worth remembering that the Electricity at Work Regulations 1989 state that portable electrical equipment must be safe and maintained by law, which definitely warrants PAT testing.

Thermographic Surveys

Thermographic surveys use infrared heat detection to test and inspect a building’s electrical circuits, and can ensure compliance under the Electricity at Work Regulations 1989.

They are not mandatory compliance inspections, but they are certainly worthwhile. Thermographic surveys allow professionals to detect overheating circuits, identify loose connections, and prevent future costly electrical failures.

For this reason, they are highly recommended checks for manufacturing businesses and data centres that rely heavily on electrical systems.

Enquire today for expert statutory inspection services

With over 30 years of experience in the statutory inspection sector, our friendly engineers know which checks are legally required and which are not mandatory but are recommended for UK businesses.

Contact us today to learn more about how we can help, and we’ll put together a tailored compliance plan to support your business operations.

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