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#1 Posted : 23 June 2004 16:10:00(UTC)
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Posted By steve e ashton
Yet again, 'we' are held up for (justifiable) ridicule. - The Scotsman reports today that:

"A European Union directive introduced the Working at Height regulations, originally drawn up for the construction and related industries. However, the Health and Safety Executive says the regulations should also apply to the adventure activities sector, and they would require the provision of warning signs for hazards and the reinforcement of fragile surfaces or the provision of airbags or netting."

It goes on to suggest that signs warning that climbing mountains is dangerous will be required all over Ben Nevis.... Anyone fancy the netting contract on that one?

Could the Architects of this farce be thrown off a cliff please? I thought we had professional law-drafters who were supposed to ensure that regulations only applied where necessary? Who put the trainee onto drafting this one?
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#2 Posted : 23 June 2004 16:17:00(UTC)
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Posted By Robert.J
Caution: Slippery Slope Ahead
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#3 Posted : 23 June 2004 16:17:00(UTC)
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Posted By Stuart C
I think your anger is probably misdirected - the article seems typical of the almost deliberate misinterpretation of the proposed legislation that seems to abound in the press, the HSE are probably misquoted - this would seem to be very much against the new "Sensible Health and Safety" banner hailed in the new strategy.
This sort of article does all of us a lot of damage and often the rediculous dictats put forward in these stories arise from fear of civil litigation or people just not understanding the law.
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#4 Posted : 23 June 2004 16:35:00(UTC)
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Posted By Jim Walker
I think you will find this is "old news" and the HSE has now backtracked to something more sensible. I'm sure I read a HSE reply in the papers last week. However, it is yet another example of our civil servants not being able to resist tampering with what is essentially a sound concept.

In another life, I represented manufacturers involved in the UK implementation of the Electromagnetic (in equipment) regulations. The EEC directive itself ran to two sides of A4.
Most countries gave a straight translation into French or whatever. Us Brits managed to run up a document of ninety sides of A4, it had manufacturers tearing their hair out!

Level playing field or what? Most (Japanese) electrical and electronics companies upped sticks and moved to Spain and Portugal.
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#5 Posted : 23 June 2004 16:39:00(UTC)
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Posted By Jonathan Breeze
Fair point Stuart, as I recall the draft regs had 'reasonably practicable' printed all over them.

Ask yourself these questions:

"Is it reasonably practicable for a mountain guide with client to avoid working at height?"

Answer: No, mountains are by definition high.

"Is it reasonably practicable to use other access techniques?"

Answer: No, (I'd like to see the cherry picker they'd have to use...)

"Is it reasonably practicable to cover the Ben (or any other high place) with signage or nets?"

Answer: Of course not.

"Is it reasonably practicable that a journo would miss this legal nicety or otherwise sensationalise in order to sell copy?"

I'll leave you to work that one out.
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#6 Posted : 23 June 2004 16:51:00(UTC)
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Posted By Jonathan Breeze
Cross posted with Jim,

The following is a HSE position statement found on the British Mountaineering Council website:

http://www.thebmc.co.uk/safety/tech/wah_hse.pdf

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