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#1 Posted : 09 November 2005 17:48:00(UTC)
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Posted By Billy Hare I am developing a survey form for HSE funded research into worker engagement in construction. One of the areas I am looking at is "input to RA". Based on UK legislation, employers/managment are obviously responsible for undertaking RA, therefore there is a fine line between worker input and worker being left to do his/her own RA. I am sure I remember reading about a case where a company was fined for allowing workers to undetake their own RA, which I want to sight in the research. Has anyone heard of this case?
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#2 Posted : 09 November 2005 22:38:00(UTC)
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Posted By Hugh McKnight I haven't heard of the case, but I can't see how this could attract criticism as long as the worker was competent. He/she can often be the person best placed to carry out the RA, particularly when each job may differ (maintenance/road repairs etc) and it wouldn't be possible to have a supervisor/manager at the work area prior to starting each task. The most practicable solution may be to train the worker in RA, and as long as confirmation of understanding is proven (e.g. testing/practical exercises) and the standard of the RA's are checked to ensure they are 'suitable and sufficient' then there shouldn't be a problem.
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#3 Posted : 10 November 2005 12:21:00(UTC)
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Posted By Steven Thomas. Concerns after reading this. In my company I have introduced a checklist for working at height (simple tick box layout) this forms part of the risk assessment. I have had a comment from a union rep stating that it is not the responsibilty of the workforce to carry out Risk assessments. the problem being is the amount of jobs per day being carried out.It is not possible to have a supervisor to visit every job.(maintainance of our Housing stock)The idea of the cecklist is to justify the use of ladders if no other means are possible.the employess have a duty towards H&S as well as management The checklist is site based lengh of time conditions etc.could I be getting into hot water if an accident occurred?.would it be classed as reasonably practicable to train every operative in risk assessment as proof of compentcy to tick boxes,how far do we go. Steve T.
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#4 Posted : 10 November 2005 12:51:00(UTC)
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Posted By John Webster Hi folks, just back from a couple of hurricane free weeks in the Carribean Billy I often hear the line that managers must do risk assessments. This is based on a misunderstanding of the wording of the legislation, that the employer is responsible for risk assessment. The employer is responsible for everything that the organisation does, but it hires employees to undertake all the different tasks that are necessary for the organisation to function. Managers are not employers, they are all employees, required to manage the various components of the organisation and ensure that the various tasks are acomplished in line with the objectives/policies etc. of the organisation. So for risk assessment, managers must ensure that adequate RAs are undertaken, and by competent people, but as rightly pointed out are not necessarily the best placed people to undertake the RA any more than they would be the best placed people to undertake the task or equipment etc. being assessed.
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#5 Posted : 10 November 2005 13:23:00(UTC)
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Posted By Robert K Lewis Billy I would have thought that the university library has a better access to the Law Reports than most practitioners. Also I think the HSE should be able to open up their database if they are to fund the project. I know at least one instance where the HSE are challenging the worker assessment following a fatal injury to the employee making the assessment during the roadside recovery of a bus. The employees were trained in the industry standard code which states that no part of the body must go under a vehicle until the axle props are in place. The final details of what will happen are determined by the recovery driver as there is no certainty of the precise conditions prevailing at the point of breakdown. It appeared that he placed his head under the vehicle without propping the axles, in an attempt to identify the location of an air leak in the brake system. The HSE are still considering prosecution because the written part of the risk assessment did not specifically apply to the precise breakdown location on a main road - the detail is for the operative to decide. This even though the employee placed warning signs and cones while attending to the vehicle. The written assessment said they were to be considered depending on the location! In the real world all employees must in some way dynamically assess the work they are to undertake and control any deviation from the written assessment; or stop and communicate what they cannot control effectively. The HSE say they support this but I have some serious doubts! Bob
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#6 Posted : 10 November 2005 18:35:00(UTC)
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Posted By Raymond Rapp I have always thought that it is better to do RAs through a collaberative effort, assuming that is practical. Ideally, a small team made up from supervisor/manager, h&s advisor, and TU rep or worker representative and possibly someone invloved in training. Ray
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#7 Posted : 10 November 2005 20:59:00(UTC)
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Posted By Billy Hare Thanks for all the responses. I am hoping to test worker involvement with RA as it is logical to assume workers will be best placed to identify hazards, have hands-on experience and see first-hand any changes etc. My original concern was fuelled by the article I remember reading but cannot now find, which is frustrating because I have checked with HSE, the university's resources and other associates before eventually trying this forum. I would be a poor researcher if I had come here in the first instance. Anyway I am sure I didn't imagine reading the article, so if anyone comes across it - or similar, please be so kind to let me know. Thanks again Billy
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