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#1 Posted : 02 June 2003 10:15:00(UTC)
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Posted By Shane Johnston
I know it's only a job title, but are there any legal or other implications in having either title ?

Shane.
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#2 Posted : 02 June 2003 13:50:00(UTC)
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Posted By Jim Sweetman
Shane,

They are many names for the role that a safety practitioner fulfills. However, the Management of H&S at Work Regs only refer to 'Health and safety Assistance'(Reg 7). At the same time consider employers 'Provisions as to Liability' (Reg 21)where it clearly states the employer cannot blame his 'H&S Assistance' for a breach - a defence is that the employer took reasonable steps to ensure the the competence of such 'H&S Assistance'.

If the safety practitioner has any management or executive authority, then the area for liability/responsibility will mainly fall within the area of that executive control.

Maybe one day, someone will call a safety practitioner 'Saviour' as they are definitely going a long way to keep people out of hospitals and courts!!

Regards

Jim Sweetman
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#3 Posted : 02 June 2003 14:00:00(UTC)
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Posted By Dave Wilson
In short Shane NO!

Depends really on what 'credence' the employer gives to HS&E or if part of a deptv may have advisors and managers etc.
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#4 Posted : 03 June 2003 10:14:00(UTC)
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Posted By Ken Taylor
I suspect that, in some circumstances, there might be some difference in implication with the two titles. It could be concluded that managers actually manage whereas advisers simply advise others (including managers) - so if their looking for someone to blame would you rather be treated as a failed manager or an incompetent adviser? Whatever they decide to call you, try to make sure that they get the job-description and salary right.
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#5 Posted : 03 June 2003 10:36:00(UTC)
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Posted By Linda Westrupp
If I remember correctly there has been a case where a H&S Manager was prosecuted as it was assumed that he had executive powers, whereas as far as I am aware there have been no cases where H&S Advisors have been prosecuted (although I believe there have been civil cases for professional incompetence or neglect). I personally prefer the title 'Advisor' as it sends the right message to managers i.e. we advise, they do.
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#6 Posted : 03 June 2003 10:54:00(UTC)
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Posted By Mark Large
I use advisor as I have a limited budget and no authority other than the power of persuasion.

I advise and either the managers act and utilise their budgets or don't act. Either way so long as I have proof that I brought the situation to light I'm covered should something go pear shaped.

If I was a H&S Manager however I feel its inferred that you can make people carry out your recommendations whether they like it or not or have the power to make and fund the change yourself.
Should something go pear shaped you may just possibly end up the scape goat.
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#7 Posted : 03 June 2003 14:27:00(UTC)
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Posted By Jack
I'm never sure what 'H&S Manager' means. If it means the person who heads up the health and safety function (ie the team that provides h&s advice to the rest of the organisation), that's fine provided it is clear in the organisation that is the case (I still feel it can cause confusion).

If it means the manager responsible for h&s (eg the H&S Director), that is something altogether different and would not normally be a h&s practitioner. Again it can cause confusion and take ownership of h&s away from other other managers.

I prefer H&S Adviser but it's not really the title that's important; it's the role as described in the H&S Policy (and, of course, undertood by everyone in the organisation).
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#8 Posted : 03 June 2003 17:48:00(UTC)
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Posted By Dave Wilson
Now where is that angry wasp? There it is!

It does not matter a jot what you are called the Employer is the person who carries the can if things go wrong! Both criminally and civillay.

If you want to be employed by a company who looks to blame rather than learn from experience then you are in the wrong organisation.

My feeling is that you should be advising, managing, implementing etc etc on behalf of your company to ensure a safe working environment for all.

Advisor/Manager who cares! If you need to keep bits of paper or walk around with an umbrella then suggest you need to get to the Gym ond get rid of your shoulders like Guiness bottles, Stand up and be counted and shout the safety message or blow the lid, whistleblow.
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#9 Posted : 03 June 2003 19:16:00(UTC)
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Posted By Ciaran Delaney
I understand your problem but as has been stated by others, in other terms,use my motto.
CYAAT: Cover yourself at all times. If a problem arises, memo the person/department concerned with the advice/instructions given or suggested by you, along with a brief description of the problem as outlined to you by them. That way,your 'advice' if implemented incorrectly does not come back to haunt you.

I agree that adviser has a better sound to it, but it also depends on the level of support from the management team. As regards, the Manager title, it depends on the powers given to the person concerned and the level of support from on high.
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#10 Posted : 04 June 2003 00:09:00(UTC)
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Posted By Raymond Rapp
Just to add another slant. In my company we have both h&s advisors and managers. Essentially the manager grade is the more senior.

Without checking the dictionary I believe that the defintion of a manager is a 'person who makes decisions.' That being the case, I would be careful of accepting such a title, and would require a salary that is comensurate with my responsibility.

Ok everyone has a price !!!!!!!!!

Ray
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#11 Posted : 04 June 2003 08:34:00(UTC)
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Posted By Gavin Gibson
we use the simple differential taht anybody with the title of manager has direct reporting personnel that they manage. An adviser would provide technical support but not be responsible for personnel.
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