Posted By Phil Roberts Hi All, I have just learnt from Gee Newsfinder that recent research by Loughborough University on behalf of the HSE has indicated that following HSE guidance does not always mean that regulations are fully complied with. The research was focused on WRULD's. The reseach also indicates that there have been some inconsitencies in interpretation of regulations by the courts especially in parts of the DSE regulations. There also appears to be some confusion about the type of work covered by Manual Handling Regs. If following HSE guidance leaves the door open for procecution where do we go from here. Any comments or advice would be appreciated, Regards Phil Roberts

Posted By Jay Joshi There was a Research Report RR 010, "How the Courts are interpreting HSE guidance and health and safety regulations-An exploratory study of Court Judgements in personal injury claims for WRULDs" that was actually put on the HSE website on 5th August 2002, but subsequently removed. On inquiring about it, the HSE webteam informed me that:- "We published this report on the website on 5th August at the request of our Publications Unit. The Publications Unit subsequently discovered that the authors wanted to embargo the report until 28th September to coincide with a conference and we were asked to remove the report from the site. It will be republished on 28th September." (theHSE webteam also apologised for this inconvenience!) So you will have to wait upto that time to get it! Yes, it is based on the University of Loughborough Study.

Posted By Brian Pearce A downloadable version of the Research Report to which this thread refers:RR010 How the Courts are interpreting HSE guidance and health & safety Regulations: An exploratory study of Court Judgments in personal injury claims for WRULDs is now available on the HSE's web site at http://www.hse.gov.uk/research/rrhtm/rr010.htm The HSE's Press Release about the study is available at http://www.hse.gov.uk/press/2002/e02180.htm Brian Pearce