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Technical and ethical responsibilities of the health and safety practitioner
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Posted By Paulo Dinis
Hello to all forum members !
I´m french currently working in Portugal.
I´ve seen several post concerning the "salary conditions" for H&S Officer´s / Manager´s.
Since i believe responsability comes along with financial recognition, i was suzzle to read some values pointed in other threads.
I would like to have quick input regarding the technical and ethical responsibilities of the health and safety practitioner. Depending on the "role", one could have criminal responsability here in Portugal.
What about in UK ?
Thank you for any input.
Paulo Dinis
Portugal
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Posted By Tony Brunskill
Paulo,
Yes under the main act in the UK Practitioners can be criminally liable for their technical advice or lack of it.
Tony
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Posted By Paulo Dinis
Tony Brunskill,
Thank you for quick reply.
I have tought in uk, H&S professions where a bit more "respected" due to associated responsability. I really tought "market" was more "matured" that in Portugal.
Thank´s again for input.
Paulo Dinis
Portugal
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Rank: Guest
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Posted By Ian Waldram
IOSH has a Code of Conduct which summarises our members' ethical responsibilities - details available on the "About IOSH" webpage, or search for Code of Conduct. Part of that document is about the procedure if someone believes a member has breached the code - but the first part is positive and explains what members are expected to do in a range of circumstances.
Although an OSH advisor can be prosecuted if they fail to perform their duties competently, it's an extremely rare event, both in UK and elsewhere in the world. Only one case is generally quoted in UK, and it's quite controversial - many impartial observers feel the individual may, or may not, have made an error of judgement in recommending priorities improvement actions to an employer with several serious deficiencies, but he was also 'unlucky' because a serious injury occurred in an area he judged to be lower priority than some others. However, I don't believe he ever really put his side of the argument in court, so the judgement stands against him.
There is another case in Singapore, linked to fatalities in a confined space and the Safety Officer who certified it as safe to work in. I'm not aware that it has yet been settled, though it first came to court over 12 months ago. The employer is being prosecuted as well.
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Rank: Guest
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Posted By Paulo Dinis
Dear Ian Waldram,
Thank´s for your input.
In Brasil there have been already some "jurisprudence" regarding legal responsabilities of the Health and Safety Manager established. Some cases have been judge within "criminal sphere".
In Portugal some cases have been taken to court, but no practical decision have been made so far.
I´ll take a deeper look into the code of conduct you have mentioned.
Thank you again.
Paulo Dinis
Health and Safety Manager
Portugal
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Posted By nigel
Paulo,
have you worked as a health and safety manager in brasil before?
I am moving to brasil at the end of April and thought my chances of finding work in health and safety there as zero!
i know they have 'safety engineers' there...who i believe cover health and safety responsibilties also....but have not seen positions for health and safety manager there as a stand-alone position
thanks!
Nigel
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Posted By Paulo Dinis
You´re right.
They do have an specific legal requirements to acess the several professions related to occupational fields.
"Safety Enginneer" also exist in Portugal. It´s a title the enginneer can acess trought it´s association, but there is no legal existence in Portuguese Regulation.
In Brasil, the H&S inspector´s are complied to have "safety engineer" training. Brasil has adopted an OIT convention n.º 78, and re-adapted it forcing the inspection authorities to have tecnical training in H&S field.
For example here in Portugal, you got Work Inspector with academic background in history...
I´m not sure the H&S market is more atractive compared to others areas in Europe.
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