Compliance

What is Compliance?

The Cambridge Dictionary describes compliance as,

The act of obeying a law or rule, especially one that controls a particular industry or type of work:

Controls a particular industry or type of work:

One such example is, the Gas Safety (Installation & Use) Regulations 1998 as amended.

This requires all persons who undertake work upon gas systems and appliances (including LPG), to hold the necessary certification in the work they intend to undertake and be a member of a class of persons approved for the time being by the Health and Safety Executive.

This class of persons is currently, Gas Safe Register.

What does compliance achieve?

Compliance ensures those who are undertaking a function within any business, profession / regulated occupation, act safely, responsibly and within the regulatory and legal framework.

A business or professional individual does not want to be prosecuted for failing to be compliant furthermore, there is also a requirement to disclose, during tendering for contracts, any improvement / prohibition notices received or prosecutions for non-compliance.

There are a myriad of regulations and laws to observe in addition to installation and maintenance requirements namely, Acts of Parliament or other UK Statutory Instruments, Approved Codes of Practice, British Standards, other rules and Building Regulations, not to mention Governing bodies ‘best practice’ guidance and Manufacturer’s recommendations.

There are many instances where a deviation has been undertaken, which does not meet in full, the required standard, but it must be emphasised, if a person or body chooses to deviate, they must be able to demonstrate the action taken, is/was sufficient to ‘mirror’ that required under an ACoP or other requirement.

Failure to do so could render the person or body liable to legal proceedings, and where a Court or other judicial body might find them at fault.

Health & Safety Compliance:

In addition to ensuring regulatory compliance in the supply, installation and maintenance of heating (and cooking) appliances and their associated services, businesses and individual persons undertaking work, are also legally required to comply with the Health and Safety at Work etc Act 1974 and regulations / approved codes of practice, made under the Act.

The obvious and the not so obvious:

Some Statutory Instruments are well known for example, Work at Height, Manual Handling, Control of substances, protective equipment, asbestos, lead, reporting of injuries, diseases and dangerous occurrences.

Others are not so well known for example, control of major accident hazards, confined spaces, dangerous substances and explosive atmospheres, electricity at work, information for employees and many more.

There is some UK legislation that has been around for 70 years or more and remain in force today (2025).

The industries we serve:

The industries we engineers serve (in one capacity or another), encompass gas, oil, solid fuel and electric heating and cooking appliances, and their associated services.

The associated services are for example, fuel supply, storage and metering systems, water supply, storage and use, drainage, flues, ventilation and air conditioning, electrical control systems and secondary water heating such as immersion or solar thermal.

Advice & Guidance:

An integral part of the services we engineers provide, relate to the advice and recommendations offered to our clients/customers.

The guidance provided often relates specifically to the type of appliance and associated system(s) required, to provide the client/customer with heating and/or cooking facilities to meet their needs.

The regulations governing the installation of an appliance and its associated services together with the feasibility of an installation/maintenance/repair when applied to a particular property / location, would also be discussed and documented.

Does this go far enough?

Is the general information provided by the company/individual to clients/customers suitable and sufficient?

Are there other aspects that are contained within current legislation, and which relate to any process of work to be undertaken, that should be considered and brought to the attention of the client/customer?

Sections 1, 2 and 3 of HSAW:

The opening sections of the Health and Safety at Work etc Act 1974, set the scene in securing the health, safety and welfare of people at work and protecting persons other than persons at work against risks to health and safety arising out of or in connection with the activities of persons at work.

Landlords & Tenants:

Landlords and tenants in social and private residential sectors have responsibilities to themselves and each other.

There is a significant quantity of legislation and guidance currently available, about the Landlord and Tenant relationship and ensuring health, safety and welfare in rented accommodation.

There are numerous aspects that must be adequately assessed by Landlords / their agents, who provide accommodation for rent to a tenant and are as follows.

SCHEDULE 1

Matters and Circumstances

Damp and mould growth

1. Exposure to house dust mites, damp, mould or fungal growths.

Excess cold

2. Exposure to low temperatures.

Excess heat

3. Exposure to high temperatures.

Asbestos and MMF

4. Exposure to asbestos fibres or manufactured mineral fibres.

Biocides

5. Exposure to chemicals used to treat timber and mould growth.

Carbon monoxide and fuel combustion products

6. Exposure to—

(a) carbon monoxide;

(b) nitrogen dioxide;

(c) sulphur dioxide and smoke.

Lead

7. The ingestion of lead.

Radiation

8. Exposure to radiation.

Uncombusted fuel gas

9. Exposure to uncombusted fuel gas.

Volatile organic compounds

10. Exposure to volatile organic compounds.

Crowding and space

11. A lack of adequate space for living and sleeping.

Entry by intruders

12. Difficulties in keeping the dwelling or HMO secure against unauthorised entry.

Lighting

13. A lack of adequate lighting.

Noise

14. Exposure to noise.

Domestic hygiene, pests and refuse

15.—(1) Poor design, layout or construction such that the dwelling or HMO cannot readily be kept clean.

(2) Exposure to pests.

(3) An inadequate provision for the hygienic storage and disposal of household waste.

Food safety

16. An inadequate provision of facilities for the storage, preparation and cooking of food.

Personal hygiene, sanitation and drainage

17. An inadequate provision of—

(a) facilities for maintaining good personal hygiene;

(b) sanitation and drainage.

Water supply

18. An inadequate supply of water free from contamination, for drinking and other domestic purposes.

Falls associated with baths etc

19. Falls associated with toilets, baths, showers or other washing facilities.

Falling on level surfaces etc

20. Falling on any level surface or falling between surfaces where the change in level is less than 300 millimetres.

Falling on stairs etc

21. Falling on stairs, steps or ramps where the change in level is 300 millimetres or more.

Falling between levels

22. Falling between levels where the difference in levels is 300 millimetres or more.

Electrical hazards

23. Exposure to electricity.

Fire

24. Exposure to uncontrolled fire and associated smoke.

Flames, hot surfaces etc

25. Contact with—

(a) controlled fire or flames;

(b) hot objects, liquid or vapours.

Collision and entrapment

26. Collision with, or entrapment of body parts in, doors, windows or other architectural features.

Explosions

27. An explosion at the dwelling or HMO.

Position and operability of amenities etc

28. The position, location and operability of amenities, fittings and equipment.

Structural collapse and falling elements

29. The collapse of the whole or part of the dwelling or HMO.

SCHEDULE 2

Classes of Harm

There are four classes of harm that can be attributed to non-conformities in the health, safety and welfare standards in rented accommodation.

·        Extreme harm

·        Severe harm

·        Serious harm

·        Moderate harm

More information on the hazards and classes of harm can be found in the Housing Act 2004.

As can be seen, the list detailed above is extensive, covering many scenarios that can result in varying degrees of harm.

Thinking outside the box:

It is wise to consider the bigger picture, especially regarding obligations under the Health & Safety at Work Act and where a duty of care may exist, in your dealings with a client/customer or indeed for that matter a tenant.

Don’t get caught short, by reading only the appliance installation manual.

Think outside the box and ensure you are where you need to be,

about COMPLIANCE.