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Posted By Peter F.
If there is a chance no matter how slight he needs to protect by his acts and omissions, thats what the section says not me.
Swiss, It's not a win or lose discussion sometimes other people may have point different to yours.
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Posted By Swis
Swis runs far away to hills.
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Posted By martinw
Surely the level of risk involved informs the acts or omissions, and their relative seriousness? If the risk is almost negligible then why the imperative to talk about taking care of himself or others? Like saying that employers must make employees carry lightning rods with them in case they get struck by lightning. Pointless because the risk is so low.
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Posted By Swis
Swis comes back to say thanks to martinw.
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Posted By Peter F.
Your colleague does not put you at risk of a lightening strike!
He may well be putting you at risk of a incurable disease.
This was nothing to do with the employer it was if the person as a colleague had a duty of care towards you. Which he does.
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Posted By A Campbell
I scratch my head... the aim is to look for significant hazards in the workplace??
Are we now into the realms of scrutiny under microscopes in order to justify the likelihood of harm to employees?
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Posted By martinw
Peter
again, being put at risk is an intangible in this case. I would not include into a risk assessment something which has little or no chance of causing harm to another, which is the case within this discussion of a known BBV.
Semantically, there is a risk. In reality that risk is negliglble within these circumstances.
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Posted By Peter F.
Agreed
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Posted By martinw
I think that this was one of those threads which has two aspects running at the same time, with both sides not understanding why what each was saying was obvious.
On one side was the academic question of whether a duty exists and if so how was it fulfilled. On the other side was the pragmatic view that whatever duty may have existed it was moot as there was no real risk attached to it.
Frustrating at times but enjoyable! Happy Friday.
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Posted By Peter Still
This is an interesting discussion in the context of risk assessment. The BBV is a new hazard in the workplace, with the potential to result in a fatality. The risk resulting from the combination of this hazard and the hazardous situation created by the possible contamination of cutlery has been assessed as negligible.
There could be other situations in which the possibility of transmission of the BBV is more likely, hence the risk would be greater.
Surely by intoducing a hazard into the workplace the employee's duty of care would require that he informs his employer so they can assess what risks result from this hazard, and how to address those risks.
Peter
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Posted By Swis
Peter,
Perosn with a BBV is no more of hazard than any other fellow worker.
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Posted By Swis
It's these types of myths which breed discrimination.
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Posted By Peter Still
Swis,
A hazard is something with the potential to cause harm. If the unfortunate employee with the BBV were not presnt then that hazard would not exist in that particular workplace (OK, an assumption there that there is no other likely source of the same hazard).
I would agree that the person is no more of a hazard than anyone else, but only because hazards are not scaleable, only risks are scaleable. What would you think if the person had one of those radioactive implants that are used to treat certain cancers? The implant, while normally completely safe, would have the potential to harm other persons if an accident resulted in it being damaged.
I also agree that unfortunately this subject has the potential to become discriminatory, and I assure you that I have no prejudice against persons with BBVs.
Peter
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Posted By martinw
Peter, in that event would not the person with a diagnosed condition have surely recieved information from their doctor which would let them know what is safe for them to do? Is not part the duty of care going to the doctor in the first place and finding out if you are an infection risk, and then staying away from work until you are no longer a risk? In the circumstance which you mentioned, a radioactive device, there is also an imperative to ensure the dignity of the individual in the workplace. I think it unlikely that you would have to have any special arrangements for someone at work which could cause problems to others, which has not been addressed in another manner already.
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Posted By water67.
Hi, I'm sorry but this type of posting and subsequent scaremongering really gets on my..... The risk of contamination this is almost zero. Can anyone evidence a BBI being transmitted in this way? Consider similar circumstances.. eating in a cafe, restaurant, drinking from a glass in a pub..sitting in a seat on public transport.. utter nonsense and demeaning of this profession to suggest risk assessments personal duty of care etc. the routes of infection from BBI are well known and well documented..ok rant over.
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Posted By martinw
Must dash.(Off to the loo! Must wipe the seat - otherwise might get pregnant!)
Martin
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Posted By Peter Still
Martin and others,
Yes, that was my point, that this is an interesting academic example in that the hazard exists but the risk from it is in normal circumstances extremely low hence no control measures are necessary. However it is necessary to be aware of the hazard, in order to evaluate the risk, in order to make an informed decision to do nothing.
Peter
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Posted By martinw
Lordy lordy. Informed decision to do nothing. Sounds awful when you put it like that. I get your point that you mean that it was decided that no remedial action is necessary given the extremely low risk involved....
Comes back to what you see as a hazard. I would not regard the presence of anyone with a BBV as a hazard unless informed medically or otherwise, and therefore would not need to instigate a risk assessment. Presence of a person with a BBV is not a hazard! If it was you would have to presume anyone with an undiagnosed BBV - ie could be everyone you work with until proven otherwise - should be risk assessed.
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Posted By Peter Still
Martin,
Yes, I see where you're coming from. Things are usually much clearer in my world of machinery and control systems. I don't mean that the presence of the person with the BBV is a hazard, it is the BBV itself that is the hazard, i.e. the potential source of harm.
As for assuming that the BBV hazard exists unless proven otherwise, isn't that what first-aiders and healthcare professionals are trained to do? The OP referred to an office environment so we can assume that the possibility of exposure to bodily fluids is negligible.
Maybe my line of thought would be clearer if we de-personalise it. Let's imagine a smoke detector that includes a radioactive source. In normal use the radiation is contained within the device, which is ceiling-mounted, so there is negligible risk of a person being exposed to the radiation so no control measures are necessary. However if it is damged or dismantled the source could be exposed leading to an increase in the risk. In either case, the hazard is the same, the existence of a hazard, the radioactive source.
Peter
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Posted By martinw
Could use the same argument with taps - if they break then you are flooded; electricity - if it goes wrong you could get fried. Even windows - if they break the rain may get in.
I get it, the hazard exists in the smoke detector in the same way that it does in all of the above. But I do not risk assess windows or rain - they are just things which exist in the background which do not in themselves require risk assessment, unless circumstances change - I start throwing a ball about for instance.
You have to take things for granted and not see them as anything other than what they really are. Academically I accept that hazards exist but they are in this case theoretical rather than requiring real world risk assessment in order to protect others from harm. Like the difference between potential energy and an electrical shock, if you like.
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Posted By martinw
Forgot to mention - never been to the doctors with a potential illness. Always had some symptoms. Medics see you normally when some harm has been caused.
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Posted By Peter Still
Martin,
Never been to the doctor with a potential illness - I have, several times. Going to China I had to have vaccinations against all sorts of potential illnesses. Same argument: Hazard = yellow fever. Hazardous situation = visiting a part of the country where exposure to yellow fever cannot be prevented. Risk = significant due to length of exposure and difficulty of avoidance. Control measure = vaccination to reduce severity of infection.
Peter
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Posted By A Campbell
Show off.. China!!
Will stick to the village beer festival.. closer and will risk assess the beer! (well it's Friday)!
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Posted By martinw
Not bad, not bad, but I would argue that is different. You knew exactly when you were going to China and the contractable illnesses should you not get your jabs. That is risk management not risk assessment. There was no real risk assessment necessary regarding your visit as all of the information had been researched and published many times in the past. In fact you said it in your post that 'exposure cannot be avoided'. I imagine that jabs would be required as a pre-requisite for travel. That is different to 'what happens if...'
In the case of the radioactivity in an undamaged smoke detector, what would cause you to risk assess it for untoward danger unless it had a finite life expectancy and was reaching it?
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Posted By Peter Still
Martin,
You said "There was no real risk assessment necessary regarding your visit as all of the information had been researched and published many times in the past."
I would argue that what had been published was the result of risk assessment, just done by someone other than me.
In the case of the smoke detector, call me pedantic if you will (you won't be the first!) but I wouldn't "risk assess it for untoward danger", I would risk assess it to help me judge if there was a danger. I think there was a thread on this forum some time ago relating to a demolition where the company involved had inherited a stockpile of redundant smoke detectors and needed to know what to do with a skip full of the things. One could say that commonsense would dictate that you wouldn't put them through a shredder, but how would you reach that conclusion if you weren't aware of the radioactive hazard?
Peter
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Posted By martinw
You are right - they have been risk assessed in the past and that forms the reason why controls are already in place in terms of travel restrictions, requirement for jabs etc. Same for radioactive elements of smoke detectors. Others have already risk assessed them as being safe for use in a work environment in undamaged state. There are manufacturer's instructions regarding use, and also numerous guidelines regarding disposal. It is already all there, which is why I do not need to risk assess it. The CE mark shows that it conforms etc etc.
You have to draw the line. Most modern cars hopefully have no real nasty faults until they about 5 years old but the MOT is still after three years, whether your car needs it or not.
The HSE guidance regarding asbestos and construction gives 2000 as a cut off point - if built after then, safe to believe that no survey is automatically necessary. That will not be the case everywhere, but my point is that at some point you have to draw a line in the sand: see what is a real hazard and stop chasing gremlins.
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Posted By martinw
Sorry - not asbestos and construction as I said above - guidance is for SME refurbs and maintenance. Apologies.
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Posted By Peter Still
Martin,
And with that evidence of violent agreement, I wish you a good weekend!
Peter
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Posted By martinw
Thanks Peter have a good one
Martin
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