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Management of Health & Safety - Competent Person
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Posted By Chris Bramall I am a director of an engineering company which undertakes both inworks manufacture and on site installation/commissioning with a staff of around 30.
For the last 15 years we have had a health & safety proffessional on board to provide advice, guidance and act as our competent person to ensure that we keep on the straight and narrow.
In the last 6 months the company which he ran has been sold to another H&S consultant and our original consultant has moved to the sunny spanish mainland.
The new company has been a bit and miss and we are currently reviewing the provision however he has stated that an external H&S consultant cannot act as a competent person for the company and we must have a suitably qualified person in house in addition to his services.
I'd appreciate some guidance and assistance if possible.
Regards
Chris Bramall
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Posted By Pugwash Chris Following is cut and paste from the Health and Safety Executive website "You must appoint one or more competent persons to help you comply with your duties under health and safety law so that you can prevent accidents and ill health at work. In practice you could appoint: -yourself (if you are sure you know enough about what you would have to do); - one or more of your employees, ensuring you give them enough time and other resources to do the job properly; -someone from outside your business to help you, if neither you nor your employees have sufficient competence (or resources)." The web page is: http://www.hse.gov.uk/sm...sinesses/must/advice.htmSo....the advice you have received, as you present it, appears to be incorrect. You can, if you wish, continue with the arrangements which you have had for the past 15 years with a consultant as your "competent person". Many smaller companies take this approach.
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Posted By Peter Leese Just to add to that Pugwash, some medium size companies also subscribe to that view.
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Posted By Ian G Hutchings Chris
The advice you have been given is incorrect, as indicated by the previous posts.
There are plenty of small companies who cannot afford to employ a full time health and safety adviser and happily and successfully use a consultant.
You can also employ a consultant to assist until such time that an internal resource is qualified and deemed competent to take on the role.
Please drop me an email if you need any further clarification.
Regards
Ian
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Posted By Chris Bramall Thank you for the quick response,
I know enough to know I don't know enough to be the competent person even through I am the director responsible for Health & safety.
I think your valued feedback has re-inforced by opinion of this particular provider of Health & safety and we will be looking elsewhere.
Does anyone know if there is a register of IOSH personnel with an appropriate level of experience in yorkshire to be able to support us?
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Posted By Tony Brunskill Chris,
We are based in York and may be able to help. There is a problem with Spam associated with posting email addresses on this site but the office number is 01904 691299.
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Posted By holmezy
Chris,
He is wrong it what he is telling you. However, when I was consulting, I always advised companies to have someone who is trained to a "reasonable" level and recommended the IOSH Managing Safely course. The reason being that if I visited him once or twice a month, then who is keeping an eye on things when I'm not there, advising, doing risk assessments etc, and its also good to have internal awareness. Perhaps he was getting round to selling you a course!!
just out of interest, where is the consultancy based?
Holmezy
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Posted By J Knight While I agree that there is no requirement to appoint in-house, employers should be mindful that that is HSE's preference, as can be seen from this statement in the Guidance to the Management Regs:
'When seeking competent assistance employers should look to appoint one or more of their employees, with the necessary means, or themselves, to provide the health and safety assistance required. If there is no relevant competent worker in the organisation or the level of competence is insufficient to assist the employer in complying with health and safety law, the employer should enlist an external service or person.'
Relying entirely on external services should be the position where there is no real possibility of doing it in-house,
John
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Posted By David Bannister As a consultant I always advise my clients that in-house competence is preferable to buying it in, but that there are often occasions when specific expertise is needed (eg statutory inspections, occ.hygiene, ergonomics, complex guarding issues). In these cases it is not reasonable to expect in-house solutions.
Nevertheless, my business depends on my clients still wanting a H&S GP!
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Posted By Merv Newman Chris,
in-house is always best. Can I suggest a compromise ? Ask your current consultant for advice on getting one of your employees trained up ?
You might do best to keep the consultants on for a while, advising and helping an employee to become reasonably competent. After that you won't need them any more.
Last word : competent, trained H&S people MUST be paid about £1 000 000 year. More if they have a couple of GCSEs.
Merv
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Posted By Tabs Oo.. Oo.. me, me, me ... I can do that!
I even like Yorkshire :-) bye 'eck.
In-house has advantages of continuity and familiarity. Out-sourcing has the advantage of depth, breath, and 'swappability' of experience.
Consider taking a general certificate (2 weeks) to understand why the consultant is asking you to do x, y, and z.
And yes, it appears time to change consultants.
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Posted By Catman Hi Chris
A good general consultant should be assisting you to implement systems that you can use coaching you on them, and reducing the level of support as you become comfortable with the systems.
In the long term the consultant should be used to update/maintain the systems in line with new legislation and to audit compliance.
I see lots of business who say 'yes the risk assessments are over there, the consultant sorts that out for us, you would have to ask him how we do them'.
Consultants should be in the business of trying to put ourselves out of business.
Cheers TW
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Posted By mark limon Chris,there are a number of us who are clamouring to get our first "proper" job in safety. Look on the careers forum,there a three of us from the north east(borders yorkshire) advertising our services,right now. I have a well paid job now,gaining experience in a dedicated role is more important than reward,look at my post and email me if you wish to know more, Mark
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Posted By Peter Leese This thread is becoming embarrassing both to me, and I suspect, that part of the H&S profession still with some pride.
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Posted By Tom Clark I don't understand where it is becoming embarrassing! There is a need for professional advice and everyone is obviously given their views and offers of help. That's what we are all about.
TBC - Living and working in Yorkshire :-0
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Posted By mark limon Petert its nice to see there is always someone who will give us give us the encouragement we need.
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Posted By Stuart James Gornall Chris
The advice you have been given is totally incorrect, as indicated by the previous posts.
There are plenty of small companies who cannot afford to employ a full time health and safety adviser and successfully use a consultant.
Unfortunately there are several Consultancys (particularly some of the larger service providers) who dont provide the competent persons service because they only visit site once a year and are I believe afraid of the liabilities attached with such an appointment.
By the way as it seems that you have clearly been give bad advice you should question the experience and competency of your present service provider and consider a change
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