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#1 Posted : 09 December 2003 09:48:00(UTC)
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Posted By Robert K Lewis Am I the only one who has some niggling worries about these roles, ie the previously announced roving safety reps? I've been reading the Nov-Dec 2003 Safety Express from RoSPA and I am concerned that essentially these people are effectively undertaking the role of what would be regarded a professional safety consultant. Additionally the use of the word "worker" in the title seems to suggest that other safety persons are only acting on behalf of the management. There seems to be some retrograde thinking at work here. The HSE have often been averse to the creation of a special title for safety practitioners which would be protected yet they have happily grasped the nettle for the pilot group. As roving safety reps I have no problem with the notion but I believe that this is now not the case. Comments. Bob
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#2 Posted : 09 December 2003 13:53:00(UTC)
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Posted By Paul Crump Robert The idea of worker safety advisers is to provide employees in small workplaces, with union representation on health & safety issues. what are the niggles that you have?. Paul
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#3 Posted : 09 December 2003 16:38:00(UTC)
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Posted By Kieran Dowling As a safety rep, I'm very much in favour of roving safety reps giving advice to SMEs and their workers where they're not already covered by unions. If it results in better representation and conditions for workers and improved health and safety in SMEs, that can only be a good thing. If an indirect result is a reduction in costs and a slowing down of the consultants' gravy train then so be it.
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#4 Posted : 10 December 2003 09:45:00(UTC)
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Posted By Robert K Lewis Fine as roving safety reps but we now know the DWP intends something more significant and perceives these people as providing a safety advisory service to small employees. The US courts ended up placing responsibility on the unions for safety failures as the role of the unions in inspections and stopping work in unsafe areas increased. Consultants in spite of the gravy train comment do provide a valuable service and I believe are ultimately concerned with the welfare of humankind as a whole and not just specific parts of it. At the end of the day the question has to be posed as to whether these people will be pushed to act beyond their limitations. For me consultancies ought to be looking at how they provide the services required by small companies at a reasonable cost. There seems now to be a bureaucratic overtone creeping into the whole concept. Bob
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#5 Posted : 10 December 2003 10:00:00(UTC)
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Posted By Chris Abbott I would say that in my experience, Consultants tend to be a little aggressive in their stance towards what's right, what's wrong and what can/can't be fixed. They don't have a good feel for what would cause moral problems, or what would cause significant downward trends in behaviour - specific to the company. - Not always but in a lot of cases they do what's necessary and what's required - which is absolutely correct. But…. employee reps, working advisors, safety advisors, who work for the company are in a position to be able to apply changes/implement change to the business, whilst keeping an ear to the ground and making sure that they have staff involvement/empowerment. I like the idea of working safety advisors, and I think that any effort to increase the safety and welfare of staff has to be a good thing. The same old problems of management responsibility won't change - but then that's a battle as old as the profession itself. :) Chris
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#6 Posted : 10 December 2003 10:48:00(UTC)
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Posted By Robert K Lewis But these people are roving and like consultants come in and out of a number of workplaces. I still also hold out against worker safety advisor title as it suggests a professional standing which could backfire at some point. Safety and employee Reps have immunities but safety advisors do not as far as I know. Bob
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#7 Posted : 13 December 2003 09:56:00(UTC)
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Posted By Paul Crump Bob The following points are taken from a report carried out by "York Consulting LTD". This firm of consultants were contracted by the HSE to carry out an analysis of the WSA pilot scheme. 1. There may be a need to ammend the regulations (SRSCR) to extend indemnity to cover the work of WSAs. 2. It is important to reflect on the potential to match individual WSAs to workplaces and to consider this in the context of recruiting potential WSAs in the future. 3. WSAs will require specific training in their role and this training should be set at a standard equivalent to, IOSH`s Technician Safety Practitioner award. 4. WSA activities should not be regarded as a substitute for other sources of health & safety information and support, but they could have an important complementary role. regards Paul
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#8 Posted : 15 December 2003 09:43:00(UTC)
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Posted By Robert K Lewis Paul So it does seem that the DWP, or other gov. body, will be employing a group of WSAs who will be sent round to act as advisors within the small company context. If these are to be roving Safety Reps lets call them precisely that, then there is no need to amend any regulations and the role is clear and unambiguous. To suggest Tech SP equivalent as the potential level of competence suggests that this role is far more wide ranging than we as yet understand. I may be accused of protectionism but there has been in the past resistance to a protected title for safety practitioners, yet a government department now chooses to use one of the potential titles available for a group under its employment. But that is another conspiracy theory for next year. Bob
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#9 Posted : 15 December 2003 14:36:00(UTC)
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Posted By Pat Burns MIOSH - SpDipEM - AMIQA It would be interesting to hear IOSH's views on this and how it fits in with their analysis of Safety Practitioner Competence as detailed in their appointments page 'An employers' guide to IOSH membership. If WSAs' are to be deployed around small workplaces to advise on H&S who would pay their professional indemnity insurance, if they could get any that is. Whilst some might be competent to advise, others would certainly not, and who would decide who does what in a workplace. I would suggest that only long serving full members of a safety profession on CPD such as IOSH, IIRSM etc should be deemed competent to offer advice. Perhaps it should be mandatory as a pre-business start up that the business owner should receive formal health & safety training to ensure they are aware of all their responsibilities.
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#10 Posted : 17 December 2003 13:32:00(UTC)
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Posted By Jay Joshi There is a draft statement of principle on Worker Involvement and Consultation on occupational health and safety on he HSC minutes/papers for Workplace Safety Advisors. I doubt they are to replace safety advisors/ assistance to employers as required thro' regulation 7 of the Management of Health & Safety at Work Regulations 1999. http://www.hse.gov.uk/ab...ngs/2003/111103/c143.pdf
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#11 Posted : 17 December 2003 15:04:00(UTC)
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Posted By Robert K Lewis Jay The worrying part is that the money now seems to be allocated and once a managing contractor is found for the fund the process of recruiting these people commences. I am finding it hard to understand what benefit is provided that is better than the employment of a professional consultant. Are these people going to start work and still be liable for their actions or will immunity be rushed through parliament when something goes wrong? Bob
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#12 Posted : 17 December 2003 16:06:00(UTC)
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Posted By Bob Pedley I agree with your sentiments Bob. I have been involved in the development of a scheme where the operations group seconded workers into my department to act as shop floor "safety operators" as we called them. The scheme worked because they knew the shop floor and we provided the professional safety advice for them to enact. We trained, guided and policed the advice they gave. Some of the former safety operators went on to become fully fledged safety advisors in their own right attaining the NEBOSH diploma. I felt proud of the individuals that took up the challenge and even more so of the ones that are now shoulder to shoulder with me as professionals. As individuals the safety operators were very uncomfortable at the outset of being able to give advice on the shop floor and would confer with the full time safety professionals before giving advice or ask us to deal with a particular issue on their behalf. Roving reps would give me concerns if they are not supported by qualified safety professionals. I remember in the early 90's when safety reps were first introduced offshore. Quite a number used safety concerns to couch industrial relations issues. Despite the offshore safety officers trying to work closely with them. The lessons on this have already gone around the mill a few times. Safety professionals need to support reps not be replaced by a title that could be misconstrued by the uneducated. Keep the titles separate, use safety rep not worker safety advisor, we don't need any more confusion out there. Bob
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#13 Posted : 17 December 2003 16:29:00(UTC)
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Posted By Chris Abbott I can see where I missed the point of this thread - sorry - yes I agree with what you are saying... As an ex-RoES who is now a Safety Advisor - I can see the problem associated with roving reps, with no real expertise in the departments/area's they "advise" in. I would be hesitant, for example, of having roving reps from office based environments stepping onto the "manufacturing shop floor" to give advice there too. The question of accountability is of paramount importance, for any chain of command in an organisation. I see it as the focal issue in this thread - and I take onboard both of the Bobs point's, that a rep may fall back on the advice from a safety professional, even a member of the senior management team - but there is, mostly, clear accountability for bad advice - the case of the Advisor being found guilty of giving incorrect advice - springs to mind. I now foresee the whole point Robert was tying to make - "I'm a Worker Safety Advisor" - it isn't that different to saying "I'm a Safety Advisor" ... but we know that the too roles are very different indeed....
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#14 Posted : 17 December 2003 23:48:00(UTC)
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Posted By John Murgatroyd It's all very interesting. But, is there a point here ? You can give all the advice you want to, but employers don't want things slowed down, or the expense. Employees don't want the hassle or the extra effort. As a worker I can state that advisers/consultants have made no difference at all to my work or the workplace I work IN. In fact, you'd all be better off becoming insurance inspectors. The only people managing directors listen to.
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#15 Posted : 18 December 2003 08:53:00(UTC)
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Posted By Chris Abbott It's a good point John, can't say I agree with it - having worked in Manufacturing what was advised by our safety teams became law - and I was recruited specifically (in a Publishing environment) by the Director of HR for the role because I'd worked within manufacturing and had the disciplines of a regulatory environment - and I have met no resistance at all. Quiet the reverse actually. It's a very speculative argument, in my opinion. Chris
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#16 Posted : 18 December 2003 10:34:00(UTC)
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Posted By Kieran Dowling There's too many knickers getting twisted here. They will be WORKER safety advisers, filling a gap in sectors & SMEs where there is no union representation. They will be indemnified in the same way as safety reps because they'll be carrying out similar functions. They will not be surrogate "competent persons" as required by Reg 7 of the Management Regs. Quite simple really.
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#17 Posted : 18 December 2003 10:41:00(UTC)
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Posted By Paul Adams Personally, I am somewhat confused as to the role of a Roving rep in that I can't see how they will achieve their aims. There appears to be an assumption that if an SME does not have union representation then it is lacking in some way. Will the roving rep have right of entry to our premises? If so, where does the right come from? Will he/she understand our business? Are they able to make recomendations or stronger? Our SME has a qualified, experienced H&S advisor, it has Safety Reps appointed by the workforce, with training provided and a pro-active, enlightened management team. If we recognise a need for specialist advise, we go and get it. Above this, we are open to inspection and enforcement by the LA or HSE as the regulating bodies and often subject to audit by our clients who demand excellence in H&S management. I really don't see an opportunity for another party to become involved in our management of H&S issues. The more I read and hear on this subject, the more confusing it seems to become. It is no longer clear to me whether these roving reps will really be government inspectors, union reps, or employee reps. It is also no longer clear whether these reps will come into an SME by invitation, or by right. If they come in by invitation only, then companies who would do so probably already have adequate representation. If they have right of entry, are they any diferent to our enforcing agencies? I guess it will come out in the wash, but either I am reading the wrong things or it is simply confusing. Anyone care to enlighten me please.
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#18 Posted : 18 December 2003 11:12:00(UTC)
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Posted By Kieran Dowling Talk about complicating matters! Please read the report on the pilot on the HSE site. Entry would be by agreement and invitation. WSAs are not intended to be quasi inspectors. If workers do not have representation in their companies and need H&S advice from an employee's perspective and don't have that on the premises, why shouldn't they have recourse to outside assistance? Just think of them as safety reps as defined in the SRSC Regs. No more, no less. Still quite simple really.
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#19 Posted : 18 December 2003 11:36:00(UTC)
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Posted By Dave Daniel If you are to provide "advice" to employers then you will need Professional Indemnity insurance. As a safety consultant I can confirm that this is extremely costly but I would not trade without it. You also need to be technically competent, and I have concerns that the "advice" likely to be provided may not be particularly competent. We live in an age where even HSE inspectors seem unable to identify hazards and risks! Employers are required to obtain competent advice and would be well advised to enquire about the professionalism accountability of the provider for its accuracy. I cannot see a WSA being considered as offering this service. I realise that some see consultants as money-grabbing pariahs but in actual fact most small companies use a range of professionals and consultants to advise them, including their accountants and lawyers. We have never been accused of overcharging for our services and in 10 years, few of our clients have terminated our services unless they themselves had financial difficulties. How else could a SME call upon 30 years of professional safety expertise? Dave Daniel - Consultant - Coventry
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#20 Posted : 18 December 2003 11:44:00(UTC)
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Posted By Dave Daniel re Keiran Dowling's comments - Safety Reps are NOT indemnified. This would imply that their advice is underwritten by some insurance. The law makes it clear that they are NOT to be held responsible for any advice they may give, so an employer following erroneous advice would find himself in hot water and the safety rep escaping penalty. This is not indemnity. All these things seem trivial until there's a body on the carpet, and that's the last time you need to find yourself standing over a chasm.
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#21 Posted : 18 December 2003 12:26:00(UTC)
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Posted By Kieran Dowling On the last point from Dave Daniel, sorry about sloppy drafting in my use of indemnified. Not a good civil servant am I? However, my main point which people seem to be missing is that the WSAs will be there to advise employees/workers not employers, hence their title. If employers want to call in consultants to advise them of the implications of listening to WSAs, I don't suppose many of the contributors on here would complain.
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#22 Posted : 18 December 2003 12:48:00(UTC)
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Posted By Robert K Lewis Kieran So why are we not calling them roving safety representatives. If they are called by another title there is an underlying implication that they have a somehow different role. The reports all suggest that they will be somehow employed via the challenge fund and I feel that there is going to be confusion. If they have no right to enter then what employer will invite them in if things are wrong. Alternatively if they can demand entry at the invite of employees then can they demand entry as per HSE? The proverbial knickers are being twisted by the DWP who feel they are able to invent quasi-legal roles without any real consultation. I go back to one of my original statements - why not simply call them Roving Safety Reps and the problem disappears. We have not been privileged to protect our title but it now seems that this can be done for a small group at a stroke by a gov. department. Bob
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#23 Posted : 18 December 2003 16:18:00(UTC)
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Posted By Kieran Dowling Bob, I agree: what's in a name? Presumably it sounded better than roving safety rep which might have proved a bit too workerist for the employers in the pilot, so a neutral sounding title had to be invented. Let's face it: they could just as easily have been called peripatetic employee safety consultants. Just be grateful for small mercies. :-) Merry Xmas
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#24 Posted : 18 December 2003 17:08:00(UTC)
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Posted By Robert K Lewis Kieran If there is so little in a name why did they choose Safety Adviser. This way we have to make legislation changes with all the parliamentary cost incurred simply to bring in roving safety reps. Keep the name - Safety Rep. - everybody understands just what it means so why cause doubt and confusion. I belong by the way to the conspiracy school of philosophy. If some group wants to do something there is some hidden motive some where!!!!!!!!!!!!! And a Happy New Year Bob
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#25 Posted : 18 December 2003 19:28:00(UTC)
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Posted By John Murgatroyd I stopped trying to make sense out of this a while ago !! In the place I work (25 employees total) there is no works safety rep, just a manager in charge of safety. Lets see...they have a "gold award" for H&S paperwork (from their H&S consultancy). They refused to pay for safety footwear, until they had to. They used to spray paint in the workshop...until the workforce just upped and went home....sometimes they still do spray paint in the workshop. There is no workshop dust/fume extraction worth it's name. As I've said, the heaters recirculate the air, time and time again...dust/fume and all. Until somebody opens a door to breathe. And a lot of small companies are in the same boat. I can *honestly* say that if the insurance company hadn't insisted on improvements to the workshop, safety and electrical systems, before they would issue insurance, then we would still be painting in the workshop when others were welding and grinding etc.
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#26 Posted : 19 December 2003 12:16:00(UTC)
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Posted By Robert K Lewis John I sympathise with your position and I would maintain that any decent!! consultant would not have issued stars with the work place in the state you describe. There is little answer but enforcement with such employers and as you say the employees took the best action open to them. Such recalcitrant employers are not however going to want these WSAs to come in any way. To take up your point therefore these people will not be able to do one jot for you without your employers co-operation. Consultants have an ethical duty to their profession which supervenes any to the client it has to be that way or the conflict of interest can be totally insoluble. I feel that there are major gaps in the provision of advice to SMEs but somehow feel that this is not the answer it appears at first sight to be. Bob
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