The legal duty to comply with relevant health and safety legislation (including avoidance or control of risk to exposure to Lead ( and other heavy metals) in paint rests solely with the statutory dutyholder, being either the employer or the person in control of the premises or systems where any relevant risk is present, and this cannot be delegated. Specific functions (e.g. carrying out risk assessment, testing, surveying etc) can be delegated and FOLPA Code of Conduct is designed to help service providers, who also have duties under health and safety legislation, for the prevention or control the risk from Lead ( and other heavy metals) in paint. FOLPA assesses the management systems of FOLPA members upon initial registration, reviews annually upon re-registration, and re-assesses by CPD. FOLPA cannot and does not carry out regular supervision of its members’ commitments to the Code of Conduct or to UK Regulations, Legislation, Approved Codes of Practice nor their compliance with other FOLPA guidelines. A valid FOLPA certificate of registration (which can only be found on the FOLPA website) confirms only that a service provider’s actual or continuing compliance with their commitments to the FOLPA Code of Conduct and/or other FOLPA guidelines. The FOLPA does not approve specific products or services as being effective in controlling Lead ( and other heavy metal) in paint, or verify the competence of service providers’ staff and sub contractors, which is the duty of the service provider and the statutory dutyholder. FOLPA accepts no liability for any omission or any act carried out in reliance of the FOLPA Code of Conduct or other FOLPA guidelines, or any loss or damage resulting from non-compliance with such documents.
