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#1 Posted : 23 January 2007 15:15:00(UTC)
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Posted By CW
States that 'Employees cannot be charged for health & safety requirements such as PPE' Does this also expand to training? Such as the NEBOSH Gen & Diploma?

Regards
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#2 Posted : 23 January 2007 15:20:00(UTC)
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Posted By GSP
Seen as a qualification is NOT Personal Protective Equipment.......what do you think?
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#3 Posted : 23 January 2007 15:21:00(UTC)
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Posted By Dave Wilson
Definately NOT!
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#4 Posted : 23 January 2007 15:22:00(UTC)
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Posted By J Knight
Sadly no; it is usually taken to mean PPE, things like guards and dosimeters if required, and does extend to necessary safety training, i.e. that required to do your job safely. Cert & Dip aren't needed for safety purposes even by safety professionals; I learnt not to stick my finger in plug sockets long before I did my Dip,

John
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#5 Posted : 23 January 2007 15:26:00(UTC)
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Posted By CW
Thanks for your reply GSP, I wont give you an English lesson.

'charged for health & safety requirements' is the part I am looking at, if the training is a requirement then is it chargeable to the employee?

It seems a reasonable question.
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#6 Posted : 23 January 2007 15:37:00(UTC)
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Posted By Dave Wilson
NO as Sect 2 deals with the training element for Safety in the work place, if your employer deemed that all his work force must be CMIOSH then he would pay for that! But if the employee thinks he should have this then that is vocational training which dependant of HR policy in the company would depend on how this is undertaken.

MHSW Regs talks about H&S Advice and competence and this is up to the employer to decide who is competent to give this 'Safety Advice' which is clearly distinct from safety training required to do your job.
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#7 Posted : 23 January 2007 15:39:00(UTC)
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Posted By CW
Cheers Dave & J.
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#8 Posted : 23 January 2007 15:40:00(UTC)
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Posted By Sean Warburton
It is a reasonable question mate. It's a good one in fact. I've heard this argument before. The management regs require employers to appoint a competent person to assist them, if you are that person and require training for your employer to comply with the management regs (reg 7), then yes, they should really pay under section 9. Unless they can argue they already have a "competent person" and it is purely for your personal development of course. :)
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#9 Posted : 23 January 2007 15:47:00(UTC)
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Posted By J Knight
Hi CW,

Definitely definitely not. As I said in my original post, the provision in s9 is training for H&S requirements. In terms of training (and s2 discusses the need for training but says nothing about who pays for it) the training for H&S requirements is that which enables you to do your job safely. This is a) any technical skills training you might require such as fork-lift tickets or chain-saw certs and b) training in general safety and site/workplace safety rules and procedures, usually covered off at induction or by providing a Level 1 course such as Working Safely. My Diploma didn't train me to work safely, it trained me how to interpret the law, codes of practice, workplace practice and so on, and how to use this interpretation to help other people work safely. It certainly wouldn't be covered by s9,

John
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#10 Posted : 23 January 2007 15:59:00(UTC)
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Posted By Sean Warburton
See, i said it was a good question.:) Section 9 states, and i quote" not charge for anything done or provided to comply with a specific legal obligation" reg 7 of the Management regs is a legal obligation is it not? It's worth a thread discussion i reckon.

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#11 Posted : 23 January 2007 16:06:00(UTC)
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Posted By Darren J Fraser
During your appraisal the company says - we want you to do the cert/diploma as we want to appoint you as the competent person on site - they pay.

During your appraisal you say - I want to do the cert/diploma to be a competent person - you pay unless they agree to sponsor you with a time/pay back clause.

That my understanding of it anyway.
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#12 Posted : 23 January 2007 16:09:00(UTC)
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Posted By Alan Hoskins
Very tenuous I think.

The requirement is to appoint a competent person, not to train someone to become competent.

However, if an employer says "I want you to be my competent person" then there is certainly a moral obligation to pay for any required training and most good employers would.

Good question though.

Alan
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#13 Posted : 23 January 2007 16:11:00(UTC)
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Posted By Peter Longworth
Sean
I reckon your interpretation would be correct if the employer specified that holding a NEBOSH qualification was the an indication of the level of competence that they required.

John
I reckon your interpretation is correct for most other circumstances
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#14 Posted : 23 January 2007 16:12:00(UTC)
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Posted By J Knight
Sean,

Reg 7 is a specific legal obligation but there is no need for the 'competent person' specified in Reg 7 to have any formal qualifications whatsoever. Competence (as has been discussed ad nauseum on this forum) is related to levels of qualification, but not determined by them. Nobody needs cert or dip to carry out RAs (which is the role of the competent person in Reg 7), they might need technical skill, and they might need experience, but not a NEBOSH Dip (other qualifications are available). I train people to do RAs here, the course I use is Managing Safely, and the rest is supplied by their other qualities, skills and most of all experience,

John
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#15 Posted : 23 January 2007 16:14:00(UTC)
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Posted By J Knight
Peter,

I agree, and I agree with Darren; if they ask you to do it they should pay, if you ask its up to you to fund. I got my dip 50% funded, as my employer at the time could see that they would get some benefit, but they also knew I would end up with a very valuable qualification. And they were right; I ended up having to pay them back their 50% because I traded on my Dip for more money and a better job,

John
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#16 Posted : 23 January 2007 16:14:00(UTC)
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Posted By Darren J Fraser
I was thinking along the lines of information, instruction etc,

Let us take a worker for a supermarket, they are trained to use the till as part of their job, therefore the company absorb that cost and do not recover it.

Now lets look at someone being appointed as the company competent person as part of their job, surely the same applies, the only difference being that the training is likely to be provided by an external body and not an internal trainer.
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#17 Posted : 23 January 2007 16:23:00(UTC)
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Posted By Dave Wilson
Sean if I take what you say then it would be under S2 to provide IIT HSG 345 may help in identifying this.

MHSW also talks about specific training when required and this must be done in employers time and at his expense but not Vocational H&S Training
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#18 Posted : 23 January 2007 19:49:00(UTC)
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Posted By Robert J Martin
CW
A training course is not Personal protective equipment.

It is the duty of every employer to provide information, instruction and training.
If the employer wishes to train an individual to a certain standard then that is the desire of the employer. However, if I was an employer training an employee to say Nebosh Gen Cert of DipOSh Level 6 etc I would be asking for a level of commitment say 2-3 years to get value for money and this agreement is very common amongst employers. Or I would be footing the bill to promote my personnel for other companies to poach


Hope that helps

Rob
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#19 Posted : 23 January 2007 20:27:00(UTC)
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Posted By Adrian Watson
CW,

HSWA 74 Sect 9. states that "No employer shall levy or permit to be levied on any employee of his any charge in respect of anything done or provided in pursuance of any specific requirement of the relevant statutory provisions."

The key is wording is "anything done or provided in pursuance of any specific requirement of the relevant statutory provisions."

As there is no specific requirement in any of the relevant statutory provisions to provide training to NEBOSH Cert, diploma etc, standard then it follows that an employer can levy charges for this type training.

Regards Adrian Watson
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#20 Posted : 23 January 2007 20:45:00(UTC)
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Posted By Edward Shyer
My Manager has deemed me the competent person to meet reg 7 as I have got a CIEH foundation Cert, other qualifications and qualities plus plenty of experience.

The problem you have is that regulation 7 basically state the competent person is required to help the employer to carry out their responsibility for H&S. He decides what is the level of competency required for his business so if he feels that you need qualifications to the highest standard then he pays for it (or gets someone in with these qualifications) (and yes I know it says preferably from his workforce). The final call is his as if it goes pear-shaped he is the one in front of the judge.

What you could do is instead of quoting regs etc ( you must train me because of health & safety regulations) have a chat with him and put yourself a case for him contributing to the higher qualifications telling him the benefits of these to him as your employer. Don't forget that training is possibly tax free (think) not a tax man.

regards
Ted
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