Our Duty of Care

I've been thinking recently about this question. "Where does our duty of care end as HIU engineers?"

We came across a situation that genuinely made me question whether our sector needs a more formal procedure for dealing with unsafe HIUs.

During an attendance at a rented property with a leasehold landlord, we found the domestic hot water being delivered from the taps at over 70°C.

We demonstrated the problem and explained the scalding risk in front of both the landlord and the tenant.

The landlord’s position was that the tenant couldn’t be left without hot water. His reasoning was that the shower had a thermostatic cartridge, so the shower itself would still regulate the temperature.

But that completely misses the point. The taps were still capable of delivering water at over 70°C.

We weren’t prepared to leave something operating that we considered unsafe, so we condemned the HIU and isolated the domestic hot water supply before leaving.

We subsequently provided a quotation to rectify the fault urgently.

The landlord declined it.

We later became aware that his own plumber had simply reinstated the hot water supply.

And this is where I think our industry has a problem.
As competent engineers, what more are we supposed to do?
We can identify the hazard.
We can measure and photograph it.
We can explain the risk to the landlord and tenant.
We can document it.
We can condemn the equipment.
We can isolate it.
We can issue a written warning stating that it must not be reinstated until repaired.

But once we’ve driven away, somebody can simply turn it back on.

The HSE recognises excessive hot-water temperatures as a scalding risk. The Housing Health and Safety Rating System also specifically includes the risk of burns and scalding from hot liquids as a housing hazard.

And landlords have responsibilities for the health and safety of their tenants.

So should our sector have something more formal?
The gas industry has a well-established Unsafe Situations Procedure and “Danger Do Not Use” process.

Perhaps HIUs and heat networks need an equivalent.
A standardised classification. A standard warning notice. A tamper-evident isolation process. A defined escalation route where a serious hazard is knowingly reinstated without repair.

Because surely our duty of care shouldn’t amount to “We’ve documented it, so we’re covered.”

The purpose of identifying an unsafe situation isn’t simply to protect the engineer or contractor from liability.
It’s to protect the person living in the property.