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#1 Posted : 01 November 2004 17:57:00(UTC)
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Posted By MarkSMark
Hello,
If an employee snitches to the HSE about a problem you havent fully tackled yet- but have made a start on it can you tell the inspector that he cant visit?

Also if the employee has not been accurate and made the problem sound worse when they snitched- what sort of action can you take against them? Is it generally a dismissable offence? Similar to industrial sabotage?

The inspector told me that he will not tell me who wrote to him- but can I force him to tell me because the report was not accurate? I think I know who it was- any advice on flushing him out would be greatly appreciated.

Mark
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#2 Posted : 01 November 2004 18:11:00(UTC)
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Posted By Ken Taylor
No, no and no.

Just tell the HSE inspector the truth yourself. They can be reasonable and realistic at times
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#3 Posted : 01 November 2004 18:38:00(UTC)
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Posted By john r sharp
Mark

Check section 33 of HASAW Act re obstructing an Inspector in the execution of their duties.

Not a good idea!!

Better to be co-operative: you may get some information regarding the complaint. My view with these types of complaints is to treat them in a positive way and learn from them. Perhaps the person who complained has a valid complaint.

Use the outcome to your advanatage- perhaps a toolbox talk or something similar to employees, discussing what occurred and why.

John
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#4 Posted : 01 November 2004 18:50:00(UTC)
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Posted By Kieran J Duignan
'Feedback' is often a useful concept to engage with a 'stimulus' you find initially irritating.

You've received feedback, through a HSE officer, about your work situation.

You evaluate it, classify it as 'irritating' but also as valid. Decide on corrective action and on managing your feelings intelligently. Implement the corrective action. Communicate with others.

Welcome further feedback, from employees, HSE and senior management.

A 'virtuous' cycle of learning. Low stress. Even some fun.
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#5 Posted : 01 November 2004 22:24:00(UTC)
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Posted By Laurie
I am with most in that I do not believe this guy is for real, but I did once have a case where someone threw the (Scottish) Environmental Protection Agency of site after they had received an anonymous tip-off!

Luckily I was able to pacify them and invite them back, but it could have led to tears!

Funnily enough the male member of the team was quite reasonable, but the lady was a bit vitriolic, quite the reverse of the usual scenario.

Do enforcers do the "good cop/bad cop" routine?

Laurie
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#6 Posted : 02 November 2004 10:35:00(UTC)
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Posted By micklecats
I don't wish to appear bitter, but here's me, recently redundant, struggling to find work. Then there's MSM, in full time employment.
Perhaps I need to portray myself differently at interviews in future.
Forget common sense, involvement, buy-in, team work, trust and respect - they are obviously getting me nowhere.
Does anyone have the email address of the Women's Institute? I think I should be seeking work with them from now on.

And yes, I know sarcasm is the lowest form of wit.

The HSE are one of the best providers of advice there is. I always use(d) the old greeting:
'Oh, I'm glad you've come, I need your help with a problem area we have.....'
This can give them an indication of your intentions, showing them that you actively want to improve (even if you are an easy touch with the shop floor).
I have had the inspectors on site after a complaint. I even knew who complained.
So what? There was nothing to be ashamed of, so why worry about an inspection? It can create an opportunity to tackle that issue that may have been lacking MGT support, or had been put back because of funding.
I suppose MSM never has these situations as his MGT team are all totally motivated.

Ok, I am bitter - I admit it. With good reason. If anyone has any work for a midlands based big soft EH&S guy who uses effective people management and leadership skills, let me know. But be quick as these contact details will cease to be at the end of the week.

Looking forward to next week's exciting installment.
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#7 Posted : 02 November 2004 11:09:00(UTC)
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Posted By Hilary Charlton
Mark

It looks like your pigeons are coming home to roost. You will find many more employees snitching to the HSE if you continue to impose ridiculous requirements on them. They have the absolute right to do so and you must let the HSE in to do their inspection.

It is the right of each individual not to be disciplined for bringing up health and safety issues. Therefore, you can do nothing with the employee even if you find out who it was. Yes, you can make their life uncomfortable but then you might find yourself sacked as you will be acting in contravention of health and safety legislation.

I would suggest that you welcome the HSE, ask their advice on items and generally go easy on your staff. This sounds like the thin edge of the wedge and you will find more and more of this sort of stuff if you don't play the give and take game that we all subscribe to.

Hilary
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#8 Posted : 02 November 2004 11:37:00(UTC)
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Posted By Kieran J Duignan
Mark

Occasionally, there's a request to this Forum for ideas for learning that members feel they need in order to develop evidence for a submission for RSP (Registered Safety Practitioner) status.

One of the options now open to you is to regard the answers you have received to this thread, and previous ones, as a diagnosis which you can use for your 2005 - 2007 Personal Development Plan.

This is not intended as sarcastic but rather to encourage you to realise that IOSH members are willing to assist your development, and it's up to you to use the feedback they offer, free of charge.

Your questions also prompt me to wonder about the behaviour of your own line manager in the 'real world'. How well do you listen to him or her?
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#9 Posted : 02 November 2004 11:50:00(UTC)
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Posted By Neil Pearson
I'm pleased to say that s.44 of the Employment Protection Act protects your employees from you. Look it up.
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#10 Posted : 02 November 2004 13:29:00(UTC)
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Posted By MarkSMark
Thank you

If the inspector comes on site in response to a complaint can they go anywhere they want- or only places in relation to that complaint?

Also, if there is a restricted security access area for classified research projects can the HSE inspector demand entry to them? Is there any case for refusing entry on the grounds of secrecy? I understand that an inspector can only enter at reasonable times- is it unreasonable for them to enter at a very delicate stage of a research project?

Finally, can I refuse the inspector to enter if I think he does not have sufficient knowledge to comprehend what work is going on in a particular area? If further training is required for the inspector to enter an area (such as a very tightly controlled hermetically sealed environment) how is the cost of the training covered?

I know there's a lot of questions but thank you for your help.

Mark

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#11 Posted : 02 November 2004 13:29:00(UTC)
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Posted By Simon Ayee
The following guidance (Local authority Circular 22/5 Investigation of Complaints)is from HELA to LAs based on HSE practices:

INTRODUCTION
1 The following advice is given to local authorities in order to meet the requirements of article 15(c) of ILO Convention No 81, concerning the confidentiality of the source of complaints.

ENFORCEMENT APPROACH
2 When investigating a complaint received from persons at work, members of the public, organisations or those made anonymously, enforcing officers should avoid revealing to the employer or his representative that a complaint has been made, unless the complainant has agreed otherwise. Care should also be taken when conducting an enquiry that the identity of the complainant is not revealed.



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#12 Posted : 02 November 2004 13:38:00(UTC)
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Posted By fats van den raad
Cough...cough....cough....... nearly choked on my apple from laughing. Thanks Mark, that really brightened up my day. Please,please please do us all a favour and tel the inspector that you dont't think the timing of his/her visit is reasonable as you are at a critical state of operations. Then tell them that they can't go in toa certain area coz they are not qualified or experienced enough and then tell them that you will train them, but it's gonna cost them!!! Please do it and let us know how you get on.!!!
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#13 Posted : 02 November 2004 13:41:00(UTC)
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Posted By Gareth Bryan
Mark,

Could you help by telling all where you work, we may then be able to help with more accurate information
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#14 Posted : 02 November 2004 13:42:00(UTC)
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Posted By Hilary Charlton
Mark

You cannot refuse access to the HSE Inspector to any part of your site for any reason. Additionally, I do not think you are competent to judge what the Inspector knows and does not know.

The Inspector is not in the slightest bit interested in any plans you have ongoing at the moment, they want to judge how far you have gone in protecting health and safety - have you gone as far as is reasonably practicable.

I know this because I had a visit last week from an HSE Inspector - they're nice people, happy to help and realistic in their approach. Notwithstanding this, you absolutely must be open, honest, above board and do not try to bar access to any area, by all means say that it is an intellectually sensitive area and let them decide.

Hilary
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#15 Posted : 02 November 2004 13:54:00(UTC)
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Posted By Katie Hoyland
mark

I often find that it is useful to build up a trustful relationship with your local HSE officer before you get a problem. Invite them to your premises in an advisory capacity out of the blue to inspect your records and then befriend them. If they know/think that you are being sensible and conscientious about your systems they are less likely to investigate you should there be future concerns. If however, your inspector does insist on a visit to your premises I have various ' distraction' techniques to keep them away from sensitive areas. I remeber once hiding a complete section of building behind some stacked boxes that created a false wall and barrier to entry. Not to be advised though really, very bad on the nerves!
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#16 Posted : 02 November 2004 14:23:00(UTC)
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Posted By Paula BrattonYoung
Hi Mark
In my experience, an HSE visit is a positive one. If you've got problems, they're the best at helping you sort them out. They're not ogres and will do everything they can so long as your company isn't putting lives at risk and you're helping yourself. Don't get on thire wrong side by making life difficult for them, welcome them and ask for help. They're on health and safety's side, however scary...
As for someone snitching, don't take it personally. People are never happy with us in health and safety because we can't please everyone. At least this is one problem which will get sorted...
I've managed 6 HSE Improvement notices for different companies (thats what I do) and lived, so if you want to contact me off forum, please do.
Paula (blackbiro@msn.com)
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#17 Posted : 08 November 2004 12:58:00(UTC)
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Posted By neil poyznts-powell
Mark,

You can not restrict an inspectors access to an area of work activity. However, I believe that in areas where commercialy sensitive work is being carried out you can agree with the inspector prior to their entry, an action plan regarding what will be looked at(this came from my NEBOSH cert' notes, the tutor worked in the defence industry prior to teaching!).

If I were you I would take the time to build a relationship with the inspector. They have a wealth of knowledge and are generaly amiable, if they believe you are been open and frank with them.

Regards,

Neil
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#18 Posted : 08 November 2004 15:47:00(UTC)
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Posted By c spencer
Mark,

Firstly I must ask the question are your pulling our legs with this question or have you not got no qualification with regards Health & Safety, Do you hold a Health & Safety Position? If you do not then it is understandable, but if you do then there are other ways to ask question such as this. Reading these threads you have posted suggests that you have something to hide and have not got a clue. The person who snitched to the HSE has probably raised his/her concern to someone in the past within your company, but got a negative response back.

If you find the person who snitched, I suggest you nominate them for a safety position. It sounds like you could do with the help of this person.



Clive
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#19 Posted : 08 November 2004 16:18:00(UTC)
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Posted By Dave Wilson

Mark you havin a bubble mate? As an ex LAEHO who used to enforce H&S the simple answer is, you try and stop me coming in and its £2k to start, also once I had my teeth into you after this I would be legally allowed to go anywhere into your working environment and can sieze any articles and take any pictures I like, if you try and stop me its even more money, If you still try and forceably stop me I will go to a magistrate and get and order and also a lot of big guys and girls in uniform and if necessary gain entrance, if you resist you will be arrested and taken away to the local nick and you can have a shower with 'big bubba' while I root around in your premises at leisure, remember premises is any where on your site and can even be your private house if I have reason to believe that you are carrying on a business from that address. Any 'reasonable time' is when you are open for work, oh and ps I do not need to inform you of when I am comong along!

If you ever say to an enforcement officer from any agency, LA, EHO, HSE, EA, Fire, building etc that they cannot come in or go somewhere its like issuing a challege, OK mate whats this bloke got to hide then!!!'
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#20 Posted : 08 November 2004 16:35:00(UTC)
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Posted By steviezenga
Marky

I think the night first aider was an Industrial Espionage "sleeper", flushed out by your strict regime and use of CCTV.

It's not outside the realms of possibility that the "HSE Inspector" is another cunning plan to infiltrate the hermetically sealed environment at this delicate stage of your secret research!

Test to see if he/she is a real HSE Inspector by following the advice of Fats to the LETTER!

Good Luck.
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#21 Posted : 09 November 2004 20:49:00(UTC)
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Posted By MarkSMark
Thanks for responses to my question. I didn't refuse entry to the inspector. I could tell by their reactions that they were not displeased with the visit.

Dave,
You seem to have a rather militant approach to HS enforcement- I appreciate that.

One more thing, Local Authority EHO... on my site? huh, please! At least send me a real inspector!
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#22 Posted : 10 November 2004 14:25:00(UTC)
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Posted By Steve Holliday
And in a few misguided words Mark insults hundreds of LA Inspectors. Bravo.

Let’s just hope that his HSE Inspector does not talk to his/her LA counterpart about this post. Or is Mark just trying to get an agenda point at the next HELA meeting?

You’ve got to hand it to him though, despite numerous posts questioning his competence, employment status, intelligence, sanity and even his very existence, MarkSMark continues to ply his own unique path through the world of H&S.

Mark can be one of only 3 things:-
1. A prank caller
2. A misguided soul who at some point will become better educated, more experienced or shot by his own troops (or a LA Inspector).
3. A true H&S visionary who will have the last laugh on all of us by creating the best safety record and culture of them all.

Personally I wouldn’t bet against 1 or 2. I truly hope its 1, but if it is 2 we should all be supporting and responding helpfully to Marks postings in the hope that Mark cottons on to the fact that if he asks a question and everyone responds in the same way, surely there must be some merit in the answers.

If nothing else, I bet MarkSMark has had more people shouting at their monitors than anyone since a certain antipodean gentlemen stopped posting comments about degrees.
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#23 Posted : 10 November 2004 15:57:00(UTC)
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Posted By Dave Wilson
Mark it is probably the draconian 18th century mill owners attitude that certain employers n the UK adopt which make inspectors of H&S militant!!

Just making the point which I assume you already knew that any inspector can enter at all reasonable hours and by force if need be, now thw point about LAEHO not being competent to inspect on H&S in premises uunder their jurisdiction I do agtree that there is some merit in that however do not generalise as this just shows how illinformed you are about this subject or have you had a bad experienece?

Inspectors from whatever discipline should be seen as a way of getting 'free' consultancy advice and after all if they say what you are doing is OK then they can hardly serve notice or prosecute? So whats it like having 6 year olds working 18 hours a day and living int middle of raod lad!! The big lairds house on the hill OK then!
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#24 Posted : 11 December 2004 12:32:00(UTC)
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Posted By P Williams
I would like to come to the defence of all LA EHOs who enforce H&S.
Firstly why was the EHO there? If it was in a H&S role then it is likely that your premises are LA enforced therefore in the main you can refuse access to the HSE inspector because their powers of entry will not apply to your site unless they are coming with regard to other issues eg s6 requirments or a CDM project.
Secondly I would like to remind you that LA EHOs enforcing H&S have exactly the same powers as HSE inspectors and usually more.
Thirdly, I an inspector demands to access part of your premises that require specialist training or equipment and the inspector does not have the necessary training or equipment etc then you are right to refuse access until you can satisfy yourself that it is safe for the inspector to enter. Afterall you have a duty to the inspector's HSW under s3. If anything the inspector will be impressed by this, so long as you can justify it.
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#25 Posted : 11 December 2004 17:00:00(UTC)
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Posted By Struan
The "inspectors" are widely regarded as specialists in their own right. The guidance and advice I have had recently was approaching ridiculous. Anyone can quote a regulation to suit their own interpretation least of all the HSE Insps. Generally they're not constructive, and the advice is parrot fashion from textbook with tunnel vision thrown in.
Marks-thingy! I wouldn'nt let HSE in unless they had justifiable grounds to do so.
I would (and can)flush the instigator out (Ve hav vays of making you talk, so sign ze papers).
Nice one Marks-thingy. Are you a senior manager?
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#26 Posted : 13 December 2004 20:24:00(UTC)
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Posted By Brett Day

Just read this thread and it reminded me of a company that I worked for when I started H&S.

The HSE turned up for a random inspection, our premises was in the target area for one of their 'blitsez' and met our Sales Director. Now the building is all security locks, we did a lot of MOD work and we had problems with sales people cold calling.

When the HSE arrived they asked for access, only to be told by the director to go away and make an appointment, when they told him of the right to inspect, he told them that it didn't sound right so wait here whilst I check with our H&S manager (I certainly wasn't the manager at the time but trying hard p*?!ing in the wind trying to get things done).

When I confirmed what the inspectors had said he went absolutely white as a sheet. then went and let the inspectors in.

Two improvement notices later I suddenly got the resources I'd been asking for the last 2 years.

So MarkSMark you wouldn't be posting from a small company in the south east would you ?????
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