Dear Gate Owner
Re: Automated gate at (insert details of premises)
As a Gate Safe Aware Installer, I’m writing to confirm that following a survey of the gate (undertaken - insert details), I must advise you that in its current state, the installation is unsafe and should therefore not be used other than as a manual gate.
As the owner of / the person in control of the gate, you have a legal duty of care to protect the safety of anyone who comes into contact with it (including trespassers). An automated gate effectively constitutes a machine and therefore failure to ensure it meets with the current standards and regulations to deliver a compliant installation will put you at risk of a damages claim in the event of any accident / injury caused by the gate. Documented evidence of the fact that the gate has been certified unsafe will also nullify any insurance cover.
As this gate is installed on commercial premises, the person in control of it will have additional duties under Section 3 of the Health and Safety at Work Act 1974. If the premises are also a workplace, there are specific duties under Regulation 18 of the Workplace (Health Safety and Welfare) Regulations 1992, as well as the general duty imposed by Section 2 of the 1974 Act. In addition to the European Machinery Directive (2006 / 42 / EC) which requires all automated gates to carry a CE marking to demonstrate compliance, gates which were manufactured prior to the 2006 legislation are still covered by the PUWER (Provision and Use of Work Equipment Regulations 1998) which came into force on 5th December 1998. Failure to meet duties imposed by health and safety legislation can result in criminal proceedings with the possibility of an unlimited fine at Crown Court. In addition to the financial, legal and moral implications of not remedying an unsafe gate, you should also consider the importance of reputation management in the event of an accident.
Gate Safe Aware Installers have undergone professional training accredited by IOSH (The Institution of Occupational Safety and Health, the world’s biggest professional health and safety membership organization). This provides a unique understanding of the accepted industry best practice in relation to the safety protocol pertaining to automated gates.
I would be delighted to furnish you with a report outlining the work that is required to achieve a safe and compliant installation.
In the meantime, the gate has been left as found and no work has been carried out on the installation.
Yours sincerely
Gate Safe is a national charity supported by Electrical Safety First, The Electrical Contractors’ Association, Safety Assessment Federation, RoSPA, School SafetyMARK, Secured by Design, Trade Skills 4 U, International Institute of Risk and Safety Management, IOSH, O.A.P Trustworthy,Risk UK and ECS (Electrotechnical Certification Scheme)