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Posted By Brian S
Folks - having an off day!
Can anyone inform me if a safety policy actually needs to be signed? I know it should be, but what legislation requires a signature?
Thanks in advance, B
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Posted By Martin Brown
Hi Brian,
Would it not be covered within the HSWA Section 2(3)
Martb
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Posted By brodie22
I can't see in the Act or anywhere else it states it must be signed so it will be interesting to hear from any of our legal bods out there as to the facts!!!
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Posted By Ron Hunter
I offer you:
If it came to Court (and that seems soooo unlikely)then legal argument may look at the commonly accepted meaning of the word "Policy".
One common definition is "a plan of action adopted by an individual or group".
Thus I submit M'Lord that to be "adopted" the Policy Document must bear the signature of the Employer's most Senior Representative, and a date of coming into effect?
In legal circles this 'adoption' may otherwise be referenced as "to make and give effect to" - if you like a contract, "signed and dated" by the employer?
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Posted By Ian Futcher
There seems to be (or at least there was) a document called "Guidance Notes on employers' policy statements for health and safety at work" (HSC 6). I don't have a copy, it may even have been withdrawn, but I have seen the Northern Ireland Equivalent HSA11 issued 1981(therefore I guess the same principles were in HSC6), where Section 4.1 indicates:
...the name and position within the
organisation of the person who signs the
safety policy is vitally important in
relation to the extent of the commitment
contained in it. The policy statement
should either state the name of the
individual director, secretary, manager
or senior executive who is responsible
for fulfilling the policy, or the title of the
person who is responsible...
There is no specific mention of "signed AND dated" but I think that dating the policy is a sensible addition.
HSC6/HSA11 are/were free publications
Ian
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Posted By SteveD-M
There isn't a legislative requirement to sign a policy.
It is good practice and would be a requirement to show general management commitment. All practical guidance issued by HSE (INDG 324) etc advise that it should be.
If there was going to be a challenge on the point of law then the court would have to look at the interpretation, which involves seeking clarity on what Sec 2(3) general purpose was. Was it looking for a signature or just ensuring commitment?
For those with less than 5 employees how do you sign something you are not required to have...
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Posted By Crim
If it isn't signed it isn't valid. The signature proves that the person was there at the time and is taking ownership.
Anything can be written and hidden away somewhere and then brought out at a crucial time, no signature no proof!
Similar to induction training on site, if the guys don't sign they can say they weren't told!
What is the problem, is the responsible person refusing to sign? If so I'd be careful if I had to work for him/her.
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Posted By Brian S
Thanks for the responses so far.
Crim - it is a debate only to discover the legalities for future reference. I have came across a few policies which have not been signed and would like to say to clients with conviction what is definately required - that's all.
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Posted By Crim
Brian, for your interest I occasionally send a safety policy in answer to competence checks and they are printed off and not signed as the MD is not readily available, the original however has been signed and updated on an annual basis with a new signature every year.
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Posted By S T
Employer not signing the statement is still liable for his responsibilities.
Section 2 (3) of HSWA states;
“Except in such cases as may be prescribed, it shall be the duty of every employer to prepare and as often as may be appropriate revise a written statement of his general policy with respect to the health and safety at work of his employees and the organisation and arrangements for the time being in force for carrying out that policy, and to bring the statement and any revision of it to the notice of all his employees.”
Although not required, signs show policy is understood, and is current.
ST
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Posted By Merv Newman
Safety "policies" exist at a number of levels. One large group I work for has a "group" HSE policy, signed (and dated) by the President. This is applicable to all sites. These documents can run to a number of pages (from 3 to 40) (actually, the 40 page document (from Scotland) was signed "the management"
Next level is the site policy. No more than one page in which the senior site manager expresses his personal commitment to the group policy and to the H&S of HIS/HER employees. Signed and dated, reviewed/rec-communicated/revised annually. A new site manager coming in during the year will speak to employees of the continuity of the existing policy and eventually propose their own.
Site policies are often countersigned by senior managers.
For some larger departments the departmental manager will also write of their own personal commitment to the site and group policies.
Sometimes this can go all the way down to work teams, with employees countersigning the site or departmental policy.
I'm not sure if this latter has any legal weight as lots of employees can sleep through any presentation (see recent "Cutting Edge") and then will sign anything put before them. On the other hand, some people won't sign anything without union or legal advice.
Just try to make sure that the expressed management commitment is sincere and is visibly followed through.
Merv
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Posted By Ron Hunter
Merv, this level of Policy creation seems close to anarchic and quite disreputable to me.
If I were the President, MD, whatever and I had delivered a Policy Statement of Commitment for the Organisation, I would not be best pleased if some of my employees were to effectively disregard that and write their own.
Such a practice would surely hinder the development of one overarching h&S culture?
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Posted By water67.
Surely the rational of a policy is to indicate to staff etc. the safety culture etc. of the organisation. Logically, to me at least, is someone must take responsibility for the strategic implementation, policing etc. of the policy.. How can this be accomplished if no one signs the document..thus by definition taking some if not all responsibility at that level. Also I am really amazed at this constant view.." show me were it says it in law" It seems evident to me that everything can't be written down in the regulations they would be as long as the road to china. Many things are implied and good practice. Surely we as professionals and our professional body should start to resits this constant jibe by managers, directors etc. "show me".. also regulations are minimum standards.. shouldn't we in 21st century be looking beyond the minimum..explaining demonstrating that good sensible safety is good for business.
ok had ma christmas rant...cheers all
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Posted By Kirsty Davies2
Spot on ST.
Although no specific requirments, but shows taking responsibility by a 'already' responsible person.
Proves due dilligence in court of law.
(Following sheeps)
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Posted By Merv Newman
Ron, you may have read my post in a bit of a hurry. Site managers do not write their own safety policies, they merely afffirm, in their own words, their personal commitment to the group HSE policy.
Merv
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Posted By Ron Hunter
Ah Merv - a hasty read by me indeed. Statements of commitment, not personal Policy Statements.
Humble apologies.
My thoughts were clouded by prior experience of a process of "Policy proliferation" elsewhere - something that took much effort to undo!
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