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#1 Posted : 25 February 2007 23:33:00(UTC)
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Posted By Graham Carson Hi All Can anyone tell me what the HSE official line is regarding H&S Consultants doing clients risk assessments for them. I know what the Management regs says and i appreciate that HSE want companies to take ownership of their own H&S but does anyone know of any formal documentation that clearly states H&S Consultants should NOT do client's Risk assessments. Thanks
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#2 Posted : 26 February 2007 08:29:00(UTC)
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Posted By David G C Not sure there is documentation that states consultants should not do clients risk assessments. If you are concerned state to your client that you will assist them with their risk assessments. not much help really....
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#3 Posted : 26 February 2007 09:20:00(UTC)
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Posted By Ian G Hutchings Graham It is down to company directors to have in place suitable and sufficient risk assessments. They have to ensure that the person who does them is competent and that the people who do the work are fully aware of the hazards and safe working practices. It doesn't really matter whether the person conducting the assessment is internal or external. The quality of the assessment and more importantly the involvement of those who do the work is crucial. In my experience the HSE will look at the quality of what is in place and the actual working practices that fully reflect the assessment of risk. I have seen risk assessments by both internal and external people that are totally woeful. All the best Ian
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#4 Posted : 26 February 2007 09:35:00(UTC)
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Posted By Ali In my many discussions with HSE inspectors they prefer management (albeit trained managers) to take responsibility for doing the RA. There is also the problem of accountability. A Consultant may do the RA for you, but then he will tell you that the Co. is accountable, so why not do it yourself in the first place ? The Co. cannot "delegate" employers liability - check out Reg 21 of the MHSW Regs.
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#5 Posted : 26 February 2007 09:57:00(UTC)
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Posted By DaveW In my experience; a consultant might be just as qualified to perform risk assessment within a company as a company employee depending upon that consultants level of expertize in a particular field. I use consultants that have considerable experience in my field of work, horses for courses and all of that. Within the company that I work for, I have performed something like 1000 risk assessments during the course of the last ten years or so and I've designed around 150 safe systems of work subsequent to risk assessment. In this same period, consultants have performed around 300 risk assessments, often replicating some of my work and sometimes adding to my work but, I think without exception, backing up my work. Consultants have acted as a good "back-up" throughout this period; recognising areas of risk that a pair of "out-side" eyes see that possibly "too-familiar" eyes might occasionally miss. I've also found, consistently, that risk assessment as performed by consultants invariably backs up my own recommendations to managing directors on those occasions where they doubt the validity of my assessment and the subsequent recommendation. It never hurts to have a bit of back-up does it? as long as our assessments are valid then we can only gain from the addition of qualified and competent assessment and advice from external sources. I'm not aware of any documentation indicating that evaluation of risk by consultants is less effective or appropriate than evaluation of risk by a competent company employee per se. Surely though, this is a matter for common sense. Of course there will be many company activities that I understand better than an external consultant. There will also be some areas that an external consultant may have either better knowledge or experience in than myself. Working together with consultants though, giving them the information that they need to make valid assessment and then drawing informed decisions subsequent to their recommendations, for me, this is the way forward. I see absilutely no reason why we need to choose one over the other when both can work more effectively together.
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#6 Posted : 26 February 2007 10:53:00(UTC)
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Posted By B Smart Graham, it may be better if you tutor the apointed competent person(s) on Risk Assessments and then mentored them as they carry out the Risk Assessments with the full co-operation of the workforce. This will not only double your project, but also ensure that the Company follows their obligations, and those at risk are aware of the hazards and protected.
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#7 Posted : 26 February 2007 11:52:00(UTC)
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Posted By TBC In my consultancy days and indeed in my employed positions I always involved local H&S reps and or managers in the risk assessment process. That way you get a view from all angles and you can give guidance throughout the work.
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#8 Posted : 26 February 2007 12:50:00(UTC)
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Posted By Ron Hunter Surely the HSE's view would be that expressed in the Management Regs and ACOP? The duty, the responsibility and the accountability rests with the employer.
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#9 Posted : 26 February 2007 13:03:00(UTC)
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Posted By DaveW Hello Ron, The duty and responsibility remain with the employer, the method though; may surely be a matter of informed choice.
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#10 Posted : 26 February 2007 13:40:00(UTC)
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Posted By Chris Packham Would you expect your local GP to carry out your brain surgery or would you prefer a specialist? Surely what is needed is the expertise in a particular aspect of health and safety. Health and safety is an extremely wide topic and no one person can possibly be expert in every aspect. Thus I think common-sense indicates that the employer (or his health and safety team) recognise where their expertise is limited and draw in an external person with the specific expertise in that particular aspect. (Perhaps this is why people ask me for help!) Obviously the employer must take ownership of the risk assessment. The external consultant cannot execute the necessary decisions, only recommend, advise and guide. The decision, and hence the ownership, remains with the employer, as is the legal requirement. What is important, after all, is that the risk assessment is accurate, otherwise the subsequent risk management actions may not result in appropriate reduction of risk. You need the best person for the job, whether internal or external. Chris
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#11 Posted : 27 February 2007 16:43:00(UTC)
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Posted By Graham Carson thanks for all the responses everyone. Graham
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#12 Posted : 27 February 2007 17:05:00(UTC)
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Posted By Frank Newman Ali and Graham have brilliantly summed up the position. "Consultants" are people you consult if you don't have the in-house resources. They advise. They do not decide. Management decide to do this that or the other. I can write a procedure or a policy or a risk assessment. It is your responsibility, as a manager, if you accept our advice or not. As a consultant I am irresponsible. (not strictly true, but a good hypothesis) Merv
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