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#1 Posted : 24 October 2007 16:11:00(UTC)
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Posted By Aidan Toner
Consider any 'safety' standard assigned by law, industry, profession or commercial sector-Is your job generally frustrated more by a poorly designed safety standard than by a poorly interpreted one (ie by another proclaimed safety expert)??.I'm prompted to ask this question because iosh (formed to serve practitioners first and the employee/public second )might have to ensure its CORE function is interpretation of standards. (Iosh to provide a clear interpretation process, adjudicating in areas of uncertainty, highlighting good and bad instances of practitioner interpretation).Whilst not abandoning 'standard generation' iosh may have to relegate it to a well declared second place.????
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#2 Posted : 25 October 2007 09:04:00(UTC)
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Posted By Robert K Lewis
Aidan

As a matter of fact as a charity the public are actually placed above members in terms of IOSH role.

The role of absolute interpretation and the arbitration of decisions is not in such terms an action for IOSH to undertake. The institution can provide guidance and standards for its chartered membership to take forward but it cannot ultimately arbitrate on whether a decision is right or wrong. The exception being where possible breaches of the Code of Conduct have occurred.

Bob

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#3 Posted : 25 October 2007 09:30:00(UTC)
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Posted By Tabs
Prescriptive law (thou shalt do x, y, and z) was always easier to follow than the more open law we tend to have now (employer shall ensure, afarp, that things are safe).

In my opinion the latter has led to poor law, poor standards, and poor guidance at times. All of which are annoying. The latest smoking laws are a good example of badly written law.

It has to be said however - that prescriptive laws always seemed to lead to loopholes and exceptions. This led to amendment after amendment - none of which actually seemed to get written into the original document, but meant that one had to have about five documents and cross-reference or scribble on the original.

As the profession grows, we should see a convergance of approaches and standards - which should mean that interpretation becomes easier, and better guidance ensues.

In my opinion, the law-makers should not be able to publish new law without comprehensive and clearly-written guidance.

Wouldn't it be lovely if we could actually question the law-makers?.. "What did you mean when you wrote...?"
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#4 Posted : 25 October 2007 10:20:00(UTC)
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Posted By Robert K Lewis
Unfortunately the courts are the ones who make the interpretation but only in hindsight. In a world of competent individuals the range of solutions will always pose issues for some people. There is often no single right answer and the law recognises that strict specific standards will always lead to persons finding the loopholes. It happened in the 1800s and humankind remains essentially the same.

Bob
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#5 Posted : 25 October 2007 16:30:00(UTC)
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Posted By Aidan Toner
Thanks chaps for your replies.
I feel there seems to be more and more 'safety experts' out there offering misleading...poor...incorrect....wrong.. unsafe....dangerous......ADVICE.
I have to admit, I was trying to stir the pot to find out if there was a mass of iosh folk out there who feel the same way and want iosh to deal with these people as a priority item.
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#6 Posted : 25 October 2007 16:36:00(UTC)
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Posted By Alan Hoskins
Unless said people are IOSH members, how are you suggesting that IOSH should deal with them, Aiden?

Alan
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#7 Posted : 25 October 2007 16:47:00(UTC)
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Posted By Aidan Toner
My thoughts related to iosh members only and like all professional bodies we would be obliged to hark back to our code of conduct-Section 8 is it???
I suspect any iosh action will 'initially' follow on 'only' after criminal action is successfully found against a member.Over time iosh may choose to copy some of the more established professions (ie legal and medical professions) and initiate disciplinary proceedings in advance, or even in absence of court actions.???
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#8 Posted : 25 October 2007 16:51:00(UTC)
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Posted By Robert K Lewis
I actually think we need a detailed guide to support the code similar to the law society. I heard one might be planned but have not seen anything floating around. I wonder if Technical committee are on it. If so I hope they consult the membership before publication - preferably before detailed writing.
On the other hand I may have misunderstood what I heard.:-)

Bob
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#9 Posted : 25 October 2007 17:05:00(UTC)
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Posted By Pete48
Should this thread be on the members forum if it is going on to discuss IOSH policy like this??

Just a thought, stuff gets moved this way often enough, this looks like one that should be moved the other way?
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#10 Posted : 25 October 2007 17:06:00(UTC)
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Posted By Aidan Toner
Yes Indeed Bob
I see where you are coming from...A guide certainly is needed and if it gets taken out to the membership I would hope that that bringing 'iosh into disrepute 'would get a lot more explanation and outworking from all of us.
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#11 Posted : 25 October 2007 17:12:00(UTC)
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Posted By Sally
I would see the problem as getting a consensus of agreement on what is 'poor advice' 'wrong advice'incompetent advice' etc. You only have to look at these message boards to know that if you ask three CMIOSH a question(assuming we take this as a benchmark of competence) you will often get three completely different answers.
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#12 Posted : 25 October 2007 17:17:00(UTC)
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Posted By Aidan Toner
To Pete

Pete you are correct.This theme would have been much better placed on the members forum.I do hope this subject gets an airing there.

Aidan
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