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#1 Posted : 14 March 2006 23:02:00(UTC)
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Posted By Jane2006 A month ago the company as added to my job description to perform the Display screen equipment assessments and COSHH for the office. This is the first time I have done this, I have no experience and little knowledge in office health and safety. I am wary iff all this goes pear shape i.e. I advise someone wrongly would the company be liable or myself? Has this now in my job description, can I refuse not to perform these duties as I am not competent?
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#2 Posted : 14 March 2006 23:33:00(UTC)
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Posted By Alan Capstick A competent person, amongst other things, has to have the skiils, knowledge, attitude, training and experience. It sounds as if you dont have these. If this is the case i would look at the situation very very closely and decide where the buck is going to stop if something goes wrong. Regards Alan
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#3 Posted : 14 March 2006 23:36:00(UTC)
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Posted By Keith E You would not personally be liable. You have a stone wall defence in that you have never been trained in how to do the various assessments. You need to point out the error of the company's ways - the onus is on the company to provide adequate training and to seek competent health and safety advice. Put your concerns in writing to the company. If you were being really awkward you could also inform the HSE or local Environmental Health Officers (depends who enforces health and safety in your company) I'm sure they would have a few words of clarity to say.
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#4 Posted : 15 March 2006 09:21:00(UTC)
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Posted By Richie Jane, As the assessor you should possess the acument to undertake the task, as stated in the previous posts. Assessors have little onus in law however. The onus lies with the management. It is management (being in CONTROL of the workplace, with the ability to make changes to the workplace) who must accept or decline your assessment as a sufficient or not. In accepting or declining the assessment the management must consider whether the task, if the controlls identified within the assessment are implemented, results in the safeguard of the worker's Health, Safety and Welfare. To this end it is management who must assess your suitability to undertake this task. Richie
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#5 Posted : 16 March 2006 19:42:00(UTC)
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Posted By Jane2006 Thanks for the information
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#6 Posted : 16 March 2006 20:32:00(UTC)
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Posted By kanta You could ask your employer to send you on a few courses.
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#7 Posted : 17 March 2006 13:56:00(UTC)
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Posted By Eric PD an english grammar course may be a starting point.
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#8 Posted : 17 March 2006 14:22:00(UTC)
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Posted By Alan Capstick Although grammar is of importance I think in this instance it is not the necessity of the question at hand. I am sure the position does not include the need for writing concise and exact management reports. Lets give the help requested at hand and not belittle someones lack of grammar.
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#9 Posted : 17 March 2006 14:40:00(UTC)
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Posted By gham the "lack of Grammar" is an assumption made on the basis of the posting this is a chat forum not an english class nor a site for posting jounals. I don't think having a go at someone's spelling or grammar is at all clever there are people who have genuine problems with that sort of thing who use and read this forum. I think we get the gist of what is being asked so either contribute constructivly of leave it out!
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#10 Posted : 17 March 2006 15:11:00(UTC)
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Posted By HOWARD SHELDON Hi Jane , as a Local Authority Health and Safety Inspector I would just like to assure you that you would have absolutely no personal liability in respect of this . It is entirely your employers resposibilty to ensure that it has competent people to carry out such tasks . There is no way that you could face a criminal prosecution under the provisions of HASWA . To be competent you need to have a full understanding of the requirements of the legislation , full understanding of HSE guidence and industry guidence and experience of its implentation in respect of the subject matter . In your particular case I would expect you to have undergone at least a specific recognised training course . Obviously the office environment is not as hazardous as many other work situations but the employer still has the same overiding duty under section 2 to ensure the health , safety and welfare of its employees . The Management Regs 99 require anyone who carries out risk assessments or provides advice on health and safety matters to be competent . It is blatently obvious you are not competent particulary in respect of COSHH which is an intricate piece of legislation . Employers are in my opinion are far too ready to settle responsibilities on individuals in their companies without providing them with the training that is necessary to carry out the function . In a similier vein I have in my years as an inspector come across employers engaging the services of those who have inadequate qualifications and have quite suspect health and safety experience . Invariably I have found policies , risk assessments , safe systems of work , training and monitoring systems that have fell well below the standard that should be expected from a competent person providing health and safety advice . Qualifications do not make a safety advisor , experience most certainly doe`s and this reflects in the documentation that they produce . I would urge any employer to thoroughly check both qualifications and experience of an advisor preferably through references dating back a number of years , before taking up the services of that adviser . I speak from the experience of having had to prosecute a number of employers who have failed to take these basic precautions . Yes there is a provision to prosecute somebody who causes a dutyholder to break the law and I have certainly done that , but that doe's not stop the accident occuring with the pain of knowing you have caused harm and for the business the resultant increase in insurance premiums . I have known businees go down the drain as a result . I would advise you to put in writing your concerns to your employer telling them that you do not feel competent to carry out the work and pointing out the requirements of the legislation . If they persist then you could whistle blow but I would advise you to seek the advice of your union or ACCAS before taking that measure . Kind regards Howard
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#11 Posted : 18 March 2006 09:19:00(UTC)
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Posted By Miss B You could do what I did! whilst working as a PA for a construction company, I was expected to conduct Risk & Coshh Assessments I had never been trained. I felt very uncomfortable with this, as I thought I would be personally liable if anything went wrong. I put myself on a Nebosh GC course, went on to other Nebosh courses and passed. I now conduct said assessments and get paid more than I did in my previous career.
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