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Posted By Robert S Woods Any comments on the following:
Should dates of legislation be included in policies for smaller companies?
This subject cropped up in a discussion with a group of H&S professionals, who expressed differing opinions.
The argument against including dates was that it would be unrealistic for smaller employers to keep up to date with minor changes in legislation. The date of the enactment or revision of a piece of legislation was immaterial as long as the employer was “working to the spirit” of the legislation.
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Posted By John Allen Although health and safety must go well beyond mere legal compliance we do work within a legal framework and this usually represents the minimum standard.
I would recommend that reference to legislation is included in the policy. It also has the purpose of reminding proprietors and managers that there is a legal aspect to the decisions they take and for which they may be held to account. If the policy is being revised and updated every two years, as it should be, it is no great effort to update the legislation references at the same time. There are not going to be a huge number of changes.
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Posted By Geoff Burt We used to put dates until last year - which is what the question is referring to.
We stopped doing it because of mainly one instance, but also because of the inconvenience to clients having to reissue policies for very minor date changes.
An over zealous Safety Officer (our client was a sub-contractor to his company) refused to accept any of our clients documentation until COSHH 1999 had been changed to COSHH 2002. In his opinion it showed ignorance of new legislation.
Also changing a policy because of one or two date changes can be quite onerous on a client. A substantial amount of paperwork can be involved, signatures may need to be obtained. The old copy has to be archived.
All in all it seemed, and seems, better to leave the dates off.
Geoff
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Posted By Robert K Lewis Geoff's point is well made. I keep dates out of all documents and only keep the specific legislation registers up to date with the precise reference, both safety and enviromental.
Bob
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Posted By John Allen I didn't suggest changing the policy to update references but that the update should take place at the biennial revision. At this point the policy should be under review to take account of other changes which have taken place, then re-issued with signature of the managing director or whoever is responsible for safety.
If a wrong date is querried by anyone you can point to your revision process to sweep up the changes. No extra work is required over that which already should be carried out.
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Posted By Steve Langston I am part of a large organisation and do not put the dates of legislation for the reasons listed above.
Sometimes only minor amendments are made to legislation and the company procedures in place cover the change already. Why update and re-issue a policy or procedure simply because a date has changed!
I am aware of a number of organisations being rejected for contract work due to dates being wrong on documents (also discussed above - COSHH 99 instead of COSHH 02).
Putting a date of the legislation in the document does not make it any better than the one that doesn't. Its the content that counts!
Steve
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Posted By Ron Hunter Avoid dates, and where possible, avoid reference to legislation! Surely Policy Statements have no real need to refer to any specific legislation? Who are the intended readers of your Policies, Procedures and Arrangement Documents? Surely your employees and others, who don't need to know about legislation, but do need to know their employer's standards and methods of compliance? I personally think littering company documents with legislative references isn't big, and isn't clever. Surely the purpose is to engage, stimulate, inform and instruct others, not pass a NEBOSH exam or impress others with our 'specialist' knowledge? Keep it real, and please don't write a Policy Statement which is only 'copy' of the Health & Safety Law Poster,the HSE won't be overly impressed!!!!!!!!!!!!
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Posted By Steve Langston Good point, to add to my previous posting I only ever refer to legislation at the start of the document as a "Further reference material" guide.
Im all for keeping it real and punchy etc but do get questions on "where does the law say that" etc. Therefore a document with a suitable reference section has always been useful.
Steve
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Posted By John Allen Safety policies are written for a wide variety of audiences. The most important is the person at work. They need to know what the company’s intent is and how it is going to be carried into effect. A good document will do this. But why have a policy in the first place? Most people have them because the law requires it. (How many companies had policies before 1975?)
A good document will also be properly referenced and that includes references to the correct legislation and other supporting documentation eg procedures, other company policy, guidance, trade specific material. Nowadays the policy statement is generally only the introduction to a more detailed description of the company’s safety management system. References need to be accurate and kept up to date, as they would be in any other document the diligent company produces.
Our job is to protect the health and safety of people at work or who might be affected by work activities. We also have a secondary responsibility to prevent our employers or clients from being prosecuted. As I said before, like it or not we work within a legal framework and there is no excuse for inaccuracy in this area as any other.
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Posted By Paul Craythorne Robert,
I personally would advise against the inclusion of dates in policy documentation. Suffice that the legislation is listed without all the amendments/revisions.
As long as the company is aware of the current version of the legislation and its implication on their undertaking then why should they have to keep re-issuing documents and creating themselves extra work.
Paul Craythorne
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