Posted By Mark Jarman Graeme, We try and involve our safety reps in risk assessment, safe systems of work and accident investigations where possible. They are the people who represent the workforce, do the work on a day to day basis and can suggest control measures that are directly relevent to the tasks they are undertaking. This input is very valuable. However, they are not there to perform the task of the 'competant person', and I would suggest that there are situations where a conflict of interest would arise if your employer was treating you as the competant person. Regards Mark

Posted By PatrickT "G" take courage. The TU Safety should be involved in all risk assessment process's. Your knowledge of the workplace / environment should stand you out from the crowd and working in this manner with the employer is a progressive measure. I believe rather than being considered and being paid the going rate for the role of "Competent Person", you are merely being asked (if he is a lazy so and so) to do the Risk Managers job for him. There is no accountability without authority and I would inform your manager that (as you say) you will perform this task to the best of your ability but it is still his duty as the named competent person to record the significant findings and introduce control measures highlighted in the RAP, if for any reason there is a failure and the RAP is called into play, he is the one likely to be facing the questions and you would have no other alternative but to tell the truth the whole truth etc.. and this practice would be damming. Good luck Patrick

Posted By Lee Bennett Greame, Having been in the self same position myself in the past may I offer my opinion. As someone said previously it is the management responsibility to carry out risk assessments as per the Management of Health and Safety at Work Regualtions 1999 Regulation 3. A useful compromise for yourself might be to inform your employer that you will carry out the risk assessments, "in conjunction with" one of the managers. Ultimately it will be the managers name on the risk assesment with the majority of the input coming from yourself. It might also be worthwhile asking your employer that if he thinks it useful for you to carry out these extra functions that he might like to support you for your NEBOSH Diploma part 1 or the TUC Certificate in OSH. Kind Regards Lee.

Posted By PatrickT Graeme, I envisage your interpretation to be the correct funtioning of a Risk Assessment (seek further advise from Croner about case history) and that your findings and recommended control measures should be signed for (even if he agrees with you or not) by the competent person, he is obviously managing his staff better than he is at understanding his own duty. A word to the wise, if the doings does hit the fan and the HSE are brought in, your finding should be published further a field and your RM should be made aware of this. Send a copy to your finding to his Manager, your Regional H&S TU co-ordinator, Local HSE Inspector, Local Enforcing Authority, Colleagues on this site, for their attention, as indeed you have already done so by raising this issue or even to me. The reason for this tactic is that once you have brought any issue to the attention of the Competent person they are made aware and are therefore Liable in law,you simply must inform your RM of this, get my drift? I am sure you are more than competent enough to undertake a comprehensive Risk Assessment and that your report will include "Reasonably Practicable" control measures, but undoubtedly you are not in a position of authority to implement your recommendations, he is. As I have said before you cannot have responsibility without Authority. If you want to discuss this matter further send your Tel No: to teyhan@pgen.net Regards and good hunting Patrick P.S. Keep the Faith, Brother

Posted By Phil Humphrey Graeme, it sems that your manager is passing on his responsibilities with respect to risk assessments. As it has been stated and highlighted, the employer has the duty to carry out the risk assessments. You are not alone in this situation, it seems common practise throughout industry to try and get a safety rep to do risk assessments on his or her own. My company have also tried the same tact, as a safety rep I will not carry out risk assessments by my self. To produce a viable and constructive risk assessment there will be the need for more than one input.A possible solution would be risk assessment teams, they work very well as my company have found out. The team MUST consist of a manager or supervisor,1, to meet the requirement of the legislation and 2, they have the authority to get things done unlike a safety rep. The team consists of 1 supervisor, 1 safety rep and 1 employee from that area. They all received training together as a team. The response is very positive, the supervisor has now taken a more proactive role in H&S in his area and pursues any recomended actions with great vigour. This may have something to do with his name on the risk assessment form. The risk assesment team attend the monthly safety committee meetings to discuss the latest risk assessments. Graeme this did not happen overnight, by the sounds of it your company has the same culture with respect to risk assesments to mine, get the rep to do it. Keep plugging away at your manager, the Company, Employer has the duty and must carry out risk assesments, NOT the employee. Good luck with the TUC cert course. Phil