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Posted By mainman
Is there a "specific requirement" anywhere in health and safety law that states that an organisation must have a Safety Management System or is it just "implied" in legislation???
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Posted By Colin Reeves
Depends on the sector of industry. Mandatory in air and marine (and possibly railway?)
Colin
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Posted By mainman
just a normal manufacturing industry with a large office base
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Posted By Colin Reeves
Suspect not, but I am not competent in that area to advise. No doubt others will reply.
Colin
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Posted By ianmilne69
Okay, think of it like this!
Doesnt law normally suggest that there are minimum requirements that should be implemented (HSE provide HSG 65),unless you can prove that you have something better.
Remember; Not all management systems need documented. Not all management systems are effective and not all management systems prevent accidents. What evidence would you have (in defence) if it all went wrong?
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Posted By Roly Buss
Of course there is.
Look at the "Management" regs - Regulaion 5 covering H&S arrangements
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Posted By Andrew W
Health and safety arrangements
5. - (1) Every employer shall make and give effect to such arrangements as are appropriate, having regard to the nature of his activities and the size of his undertaking, for the effective planning, organisation, control, monitoring and review of the preventive and protective measures.
(2) Where the employer employs five or more employees, he shall record the arrangements referred to in paragraph (1).
seems to say a management system is needed to me
Andy
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Posted By AHS
Thats the correct legislation but the ACOP doesnt insist on HSG 65 or 18001. Therefore if you have an established risk assessment/ training regime I suspect you are covered.
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Posted By Swis
Safety management system - IMO is a combination of all the proceses & controls (including the written material) as required by the law to promote health, safety and welfare at work.
With a proper management system, you may not be able to prove compliance with statutory requirments.
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Posted By Phil Rose
and then perhaps have a look at HSG 65 - some reasonable stuff in there
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Posted By Swis
sorry
My last initial post's last line, It should have been 'wihtout' not 'with'.
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Posted By David Balkwell
Hi - It is important to consider the following as it now ranks pretty high..............
Corporate Manslaughter and what a Jury will consider as part of the evidence
Gross breach
8. Factors for jury
(3) The jury may also-
(a) consider the extent to which the evidence shows that there were attitudes, policies, systems or accepted practices within the organisation that were likely to have encouraged any such failure as is mentioned in subsection
David Balkwell
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