Posted By Jay Joshi
HASAWA has genral duties-- Duties under Section 2, 3, 4 cannot be ensured unless there is some form of monitoring, especially "safe systems of work".

Alternatively, as the Management Regulations are explicit in context of monitoring, you CAN link this to HASAWA as HASAWA allows for regulations to be made!(Section 15)

Posted By Dave Wilson
There is NO specific legal requirement to undertake safety monitoring.

See HSG65 in the Foreward section.

However how else do you know how well you are performing?

Posted By Barrie (Badger) Etter
Dave
You mentioned HSG65. As section 5 of HSG65 covers monitoring, compliance is required in accordance with clause 16 & 17 of the HSWA bcs of its quasi legal status. Apart from the HSG65 I'm beginning to feel there's no out and out absolute use of the word 'monitoring' in either the Act or Mangt Regs.
Unless some one can say different / point to a specific section in a passage.

Badger

Posted By Barrie (Badger) Etter
Thanks Paul, found it!

Badger

Posted By Jay Joshi
I am surprised that we are being pedantic about the terms used in regulation 5 and then interpret it as though somehow, auditing is not required because that word "auditing" is not used !

The ACOP to regulation 5 of MHSWR 99 is:-

This regulation requires employers to have arrangements in place to cover health and safety. Effective management of health and safety will depend, amongst other things, on a suitable and sufficient risk assessment being carried out and the findings being used effectively. The health and safety arrangements can be integrated into the management system for all other aspects of the organisation's activities. The management system adopted will need to reflect the complexity of the organisation's activities and working environment. Where the work process is straightforward and the risks generated are relatively simple to control, then very straightforward management systems may be appropriate. For large complicated organisations more complex systems may be appropriate. Although the principles of the management arrangements are the same irrespective of the size of an organisation. The key elements of such effective systems can be found in Successful Health and Safety Management (see references and further reading section) or the British Standard for Health and Safety Management Systems BS 8800.

A successful health and safety management system will include all the following elements.

Planning,
Organisation,
Control,
Monitoring and
Review



Review involves:

(a) establishing priorities for necessary remedial action that were discovered as a result of monitoring to ensure that suitable action is taken in good time and is completed;

(b) periodically reviewing the whole of the health and safety management system including the elements of planning, organisation, control and monitoring to ensure that the whole system remains effective


From the above ACoP, specifically the ACoP on Review, it is fairly obvious that some form of "audit" is required. What the AcoP allows is that the management system will depend upon the complexity (or simplicity)of the organisation's activities and working environment.

Let us not forget the an ACoP is not just guidance.

Posted By Jay Joshi
Dave,

This is all ACoP, not guidance!!You need to refer to the Second (2000) Edition of L 21 that was published after the 1999 regs. The ACoP material in first edition was very limited