Posted By Martyn Hendrie If an employer in establishing his H&S management arrangements (having regard to HASAWA and MHSW regulations) decides that he should establish a series of workplace/ site rules. Could he than be found in breach of legislation if he did not correctly implement, monitor and supervise the application of the rules he deemed were needed?

Posted By Dave Wilson s2 Safe systems of work! Common law reasonable foresight and then taking reasonable steps! If he identified them and then did nothing that's even worse than not knowing in the first place!

Posted By Martyn Hendrie I have come across a number of occasions whilst auditing, where middle/senior management have set rules that are not fully implemented by their subordinates. As an example I know of two major employers where senior management have made a policy decision that at every site all personnel will be required to wear suitable gloves. There is not 100% compliance with this rule. My question was trying to seek the opinion of the contributors as to whether or not breaching such a (general) rule would give sufficient grounds for a prosecution by the enforcing authorities if a reportable accident occurred.

Posted By Austin. U This is an issue that just came up on our site this morning.Workers carrying out excavation work were not washing up before going to the canteen,this is against the site rules. I informed the manager and told him of the need for enforcement of the rule but he is of the opinion that we should continue negotiating this unhygienic practise with the workers. Can someone please tell me the best way to enforce this rule(s) on site considering a managers approach of continious negotiation because he do not want work delayed. Many Thanks, Austin.

Posted By Ross Hunter Austin I would suggest that if site managers are having difficulty policing the washing of hands then the policing of access to the canteen maybe just as difficult. I would suggest what may occur is that site opperatives eating where they shouldn't e.g. inside building plots, the back of vans/vehicles and anywhere other than the canteen. A practice that may encourage vermon on to site which is the very thing that washing their hands is all about! I work in the construction industry and would also suggest that whether an operative was or wasn't washing his hands prior to eating after working in the environment you describe probably figures some way down the site managers list of priority. We have to look at 'Significant Risks' and prioritise accordingly. I would think that, in fact I know that his main concentration would be on higher risk work. That is not to say that washing your hands prior to eating is not important, just that there are somethings that operatives must take responsibility for for themselves. Yes we supply the information, training, guidance etc, but management can't be everywhere especially checking on grown mens' hygiene habits which is something we have all learned from childhood.