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#1 Posted : 07 October 2003 11:19:00(UTC)
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Posted By Ian Stone WE are having a HSE inspector come in to investigate an accident to one of our staff this week, I reckon we can prove that we did everything right before and following the incident. How do these meetings go? Thanks Ian
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#2 Posted : 07 October 2003 11:31:00(UTC)
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Posted By Gavin Gibson Ian it depends upon the seriuos nature of the incident. Be prepared with all available documentation, eg training records, risk assessments, equipment inspection records, first aid and accident data. Normally they are reasonable people who will wish to verify what happened, why, who is responsible, was it forseeable, etc. obviuosly if they want they will be able to find something, but it is far better to open and upfront about issues / problems than to try and be clever. If applicable, they will want to speak to your HSE Union reps / ROES, so be realistic. Initially you will want to consider what actions you have taken to investigate and prevent a reoccurrence. Remember that they have the power to have equipment / samples taken for investigation / analysis. Good luck
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#3 Posted : 07 October 2003 14:22:00(UTC)
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Posted By Gavin Barr Ian, what Gavin says is very true. But you must also be aware that they may investigate your business as a whole, I am talking from experience here. The HSE inspector came to investigate a reportable skin ailment and ended up investigating everything from what we are doing to reduce HAVS to investigating all our COSHH activities. So be aware for anything.
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#4 Posted : 07 October 2003 15:37:00(UTC)
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Posted By John Donaldson My advice would be to not volunteer anything, just provide the information requested by the inspector but no more. I have come across inspectors, not necessarily from the HSE, who like to have “fishing trips” and provided all is in order this should not be a problem.
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#5 Posted : 07 October 2003 15:52:00(UTC)
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Posted By Chris Abbott Yes, John has a good point. It's the same for an FDA, MCA or HSE inspection - They will usually tell you what they want to see. It is always an advantage to have all relevant documentation ready and at hand - but again, offer nothing, let them do the asking. In the case of an HSE visit, generally they like to see the area where the incident/accident occurred. And in my experience of HSE visits, they like to interview people around the areas being investigated. Chris
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#6 Posted : 07 October 2003 16:48:00(UTC)
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Posted By Joe Ian, I think the you have answered your own question. If you feel confident that you can 'prove' what you have done before and after the incident keep this information to hand. I might be a bit niave but some of the previous responses make me feel a bit uncomfortable, its reads as some of us has things to hide or worse still taking part in the hiding!! As for the HSE seeing and requesting information on other issues when on your site, these things can't be helped and let's be honest we do the same ourselves when our own managers ask us to come and speak to them about something.
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#7 Posted : 07 October 2003 17:07:00(UTC)
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Posted By Philip McAleenan Ian, ask yourself this question, "If everything was done right, how then did an accident take place?" Workplace safety is about ensuring that accidents do not take place by assesing the hazards and putting in place all the necessary control measures. If an accident occured, then some control was missing. Your task is to discover what that was and remedy the situation, otherwise the accident will be repeated. All your proofs are negated by the fact of the accident itself and any investigator worth their salt will pick up on this. Re-investigate the accident before the inspector arrives. Regards, Philip
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#8 Posted : 07 October 2003 17:12:00(UTC)
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Posted By Geoff Burt I've just been through one of these and have to agree with the last posting - the previous responses make me uncomfortable as well. My advice to my client prior to the visit was 'tell it as it is' and just answer the questions as straightforwardly as possible. Prior to the visit we had already investigated the accident and documented our findings. We simply ran through this with the inspector first and then visited the site and equipment. All the relevant staff were available and were told the same thing - tell it as it is. We had no problems and all went smoothly. Geoff
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#9 Posted : 07 October 2003 21:43:00(UTC)
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Posted By Linda Crossland-Clarke Hi If you get into the process of saying something that could be considered incriminating, then the inspector should be able to see this and he has a duty to caution you (like the police do). Then if you are giving a documentated statement, you are doing it under caution, so have to tell the whole truth etc... I'm not sure if wanted to know that or not. sorry. Linda
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#10 Posted : 08 October 2003 07:55:00(UTC)
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Posted By Hilary Charlton Just be honest and upfront - they are only people. Remember, only 44% of all accidents are seen by the Factories Inspectorate as "preventative", therefore, there must be 56% that could not be prevented and which are pure accidents. They happen - it doesn't matter how good your systems, how much you control and how committed your employees are, there will always be those accidents that could not be foreseen or countermanded. I know this, you know this and the HSE know this as well so take it easy. Good luck. Hilary
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#11 Posted : 08 October 2003 08:29:00(UTC)
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Posted By Ian Stone Thanks to all the people who have given me advice on this posting. On investigation between ourselves, Trade Union and insureres it was found that this accident could not have been forseen, I cant go into too much details but it involved a person in a highly emotional state suddenly trying to self harm (with no previous history, they have been assessed by staff for many years) and a staff member trying to help, the girl jumped back and the knife sliced the hand of the staff member. We have all documentation available for the inspector, just cant wait to get it over! Ian
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#12 Posted : 08 October 2003 10:04:00(UTC)
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Posted By Dave Wilson Ian, From experience as an ex enforcement officer you will find that they will come pretty much armed with what they want to achieve and investigate as they see fit. Remember that it is an offence to obstruct and I would suggest that you co-operate fully and use this as a learning experience to gain more knowledge. on another note remember that the HSE read these pages as well as the rest of the world so it is in the public domain and may be used as evidence etc.
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#13 Posted : 08 October 2003 10:24:00(UTC)
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Posted By Karen Todd Hi Ian, I had a H&S Inspector come to see me and I was absolutely peeing myself. When he arrived, I had everything to hand (risk assessments, etc.). He did not caution me or anything like that but he did tell me what things he wanted done. He didn't issue a PN or IN, or even follow up his recommendations in writing - I thought he would at least write me a letter detailing what we had agreed upon, etc. He did say that he would be back for a followup visit and we agreed a timescale for things to be done in. I found his visit very helpful, as there were a lot of other things I was able to ask his opinion on. He also said that the HSE (NI) were very much in "advise & guide" mode at the minute but that would inevitably have to change. I found him very reasonable. I think how the visit goes very much depends on your attitude. If you have a good attitude and have good systems in place and take on board what he says, then hopefully your visit will go OK. Ask him for his suggestions and recommendations. Good luck, Karen
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#14 Posted : 08 October 2003 10:32:00(UTC)
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Posted By Dave Wilson Ian/Karen couldn't agree more!
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#15 Posted : 09 October 2003 08:56:00(UTC)
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Posted By Philip McAleenan Ian, I beg to disagree. Violence, in its broadest sense, is a well-documented occurrence in workplaces, including academic environments. Self-harm, particularly amongst students at times of great stress, is also well documented. Thus the likelihood that someone at sometime would attempt to self-harm was foreseeable and this should have prompted the development of appropriate procedures and guidance to staff in advance of any particular incident occurring. An inspector is likely to ask whether such procedures and guidance existed in the past, and more particularly, in light of the recent occurrence, whether they now exist. Regards, Philip
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#16 Posted : 09 October 2003 09:33:00(UTC)
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Posted By STEPHEN HOLDEN If all your systems are in place and adequate you have little to worry about.
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#17 Posted : 09 October 2003 11:00:00(UTC)
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Posted By angela westwood Ian Reducing violence and agression, particularly in the health sector is one of the HSE's key target areas and atlhough I can only hazard a guess at the details of the incident and do not know your industry I think the HSE will be keen to see how you manage violence and agression towards employees from others, this includes self harmers. Be prepared to establish,if you are working in a field where violence/agression in any form is likely to happen, that your risk assessments also assess and control the risks to employees, patients/clients, visitors.
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#18 Posted : 09 October 2003 12:47:00(UTC)
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Posted By Jack There seem to be some misconceptions about cautions and statements. Statements (under Section 20) are not under caution but should the inspector become aware that the person being interviewed has committed an offence then they will stop the interview and caution the interviewee and then continue under PACE conditions. Normally a h&s adviser would be interviewed under Section 20 (unless of course the inspector considered they had committed an offence).
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#19 Posted : 09 October 2003 13:04:00(UTC)
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Posted By Dave Wilson In normal circumstances any Enforcement Officer would carry out an investigation under PACE if they believed that a person they are going to interview had committed an offence, otherwise any evidence gathered could not be used in a court of law. If during the course of their enquiries it becomes evident that an offence has been committed then the person must then be cautioned and the PACE will apply. However this is very rare.
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#20 Posted : 09 October 2003 13:31:00(UTC)
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Posted By John D Crosby Enforcement officers do sometimes use the caution when interviewing people who can provide information. They use it to protect that person from any action that might be taken by the employer if the information is likely to lead to action against the employer. It is unusual but some Local Authorities use it as a standard. John C
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