Rank: Forum user
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It appears today that just about everything comes under the heading of ‘Health & Safety’, and this is being reflected in recent job adverts which ask for Health, Safety & Environment, Health, Safety & Quality, Health, Safety & Cleaning etc, etc, etc. I was reminded of this recently when it fell upon me to review our Company No Smoking Policy, and it set me thinking.
How much of our current remits are strictly Health & Safety. For example the Smoking Legislation was not introduced under Section 15 of the HASAWA, is not a European Directive on Health & Safety in the workplace, and is not enforced by the HSE. Likewise DDA and the Regulatory Reform (Fire Safety) Order (please correct me if my understanding of this is wrong).
And yet I am constantly contacted with enquiries about Fire (even though we have a Fire Safety Officer) and DDA. Yes I appreciate that there are Health & Safety considerations in respect of these subjects, but as I said at the beginning of my post so does everything else. Believe me I have staff reporting that someone looked at them ‘funny’ on the way into work on the bus so they have reported this under Health & Safety??????
I would be interested in others view, positive, negative or just down right rude.
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Rank: Super forum user
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I agree, we often wear many hats as health and safety practitioners. Not sure about your comments on the RRFSO, which I would consider as genuine 'safety' legislation. Not sure what the exact definition is, but I believe it must have 'safety' in the title which the RRSFO does have.
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Rank: Super forum user
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Fire "Safety" - surely there is a link?
I thought DDA was brought in under the H&S umbrella? If not why do we H&S professionals bother with DDA assessments?
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Rank: Forum user
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My understanding is that the DDA is Civil Rights Legislation and that Employment is only one part of the requirements not to discrimnate against someone with a disability. The Act also contains extensive requirements with reference to services, transport, education etc.
Your suggested 'link' with Fire Safety is valid but highlights my main thread that a 'link' can be made to any subject back to Health & Safety. The risk is that we become 'jacks of all trades' and masters of none. How can one persons, perhaps working in a large complex organisation, be the 'competent' person for H&S, Fire, DDA, Environment,Security etc. etc. etc. and could this be the reason why we see so much incorrect/bad advice being given by so-called experts.
It is a constant thread on this forum at how we can tackle the 'conkers bonkers' perception of our profession, but sadly it is true that a lot of the advice about banning hanging baskets, firemen not being allowed to use ladders to fit smoke alrams, not to grit footpaths when it snows and too many others to mention has come from our fellow H&S professionals.
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Rank: Guest
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The observation 'It appears today that just about everything comes under the heading of ‘Health & Safety’, could be said by almost every 'staff' adviser who doesn't have direct 'line' responsibilities.
On the specific issue of disability discrimination, the relevant DDA legislation makes it clear that, in principle, health and safety takes precedence; in practice, an employer and service provider are required to gather evidence to justify decisions about discriminating on an empirical and not emotional, political or tradition grounds.
More broadly, the challenge facing safety professionals like HR and other specialists is to influence and educate line and senior managment into integrating safe behaviour across every activitiy of their enterprise day and night, 24/7/365. This can at times require quite sophisticated consulting skillls - practitioners such as Tim Marsh illustrate them well in articles in SHP.
One of the great tragedies I witness at times is safety 'wannabe' professionals repeatedly cutting the ground from under their own feet by trying to use safety audit data and regualtions to harass line managers: they pick fights or push past line managers instead of figuring out effective ways of negotiating common ground and influencing the management agenda, at all levels. Whereas line managers recognise when the safety specialist is simply intent on completing a logbook to get a qualification and are not persuaded to go out of their way to someone who appears to put personal interests first, whereas those practitioners who make it clear they'll support managers and operatives to get results safely achieve common goals.
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Rank: Super forum user
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In England and Wales Fire legislation is now explicitly dervied in part from the Health and Safety at Work Act and the Management regs; both have been incorporated into the RR(FS)O 2005 in terms of principles to be applied, level of duty and even in terms of wording. The Fire Safety (Scotland) Act 2005 doesn't explicitly borrow from H&S law to quite the same extent but the guidance makes it clear that the Act has a definite lineage in HASAWA and the Management Regs.
Fire is huge specialist subject in itself, but fire safety is clearly a duty for H&S people, both in terms of the general duties under HASAWA (fire arising from an employers undertaking is likely to cause harm to the health, safety & welfare of employees, members of the public and the self-employed) and in terms of derivation of the existing legal framework for fire legislation.
DDA is nowt to do wi' us, and smoking is only a minor issue (COSHH could be relevant),
John
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Rank: Super forum user
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Hi Agree with KieranD about how we should get managers to do things properly. We are then always going to be seen as people who can help especially as we are often the main person in an organisation seen as being a legal type person and hence understands ,sometimes mistakenly, all different types of law. Historically safety people where the ones who helped the disabled worker to do a job safely - look at cases like Paris v Stepney Borough Council. Lots of the techniques we use are readily interchangeable with other disciplines and people often recognise this. I do sometimes wonder though as to how people cope with all the different disciplines when they are an actual part of the job. John C
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Rank: Forum user
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Hi,
As is becoming usual for these forums, a simple question turns into a thought provoking discussion.
I am lucky enough to be a safety professional, but also specialising in fire safety and access issues (very useful for evacuation planning) and I have to disagree that DDA is nowt to do wi' us.
Although I agree that compliance with the DDA from a service provider's point of view may well be outside our remit as safety professionals, we do have a duty of care towards employees and visitors to our premises (HASAWA 2 and 3).
In support, here is an extract from the sterling piece of legislation which is the Health and Safety (Miscellaneous Amendments) Regulations 2002:
Amendment of the Workplace (Health, Safety and Welfare) Regulations 1992 " Disabled persons 25A. Where necessary, those parts of the workplace (including in particular doors, passageways, stairs, showers, washbasins, lavatories and workstations) used or occupied directly by disabled persons at work shall be organised to take account of such persons."
As ever, we are being challenged to respond to greater demands from our businesses but surely as professionals it is our responsibility to constantly develop ourselves. Also, the fact that our advice is being sought on an ever increasing range of issues could be indicative of safety becoming imbedded in our work culture.
Cynically, I think this may have more to do with people covering their backs than the altruistic view which I choose to hold.
Just my view though!
Cheers,
J
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Rank: Forum user
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Health and Safety is my main role, but over the years I have collected Security, Environment, Quality Systems roles as well. In my case I see no problem, they share many skills, knowledge and competency requirements and I have more strings to my bow.
However I do draw the line when people try to take advantage of H&S to further their own agenda (usually when they want me to deal with a problem for them, or stop something from happening - they can be very inventive in trying to 'make it a H&S issue') It makes me maaaad!
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Rank: Super forum user
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Jez,
I continue to believe that DDA is nowt to do wi'us. Yes, we have to ensure that there is safe access to and egress from and that there are suitable facilities for all workers (and other relevant people) whether disabled or not. But DDA is much much more than this; mostly it's about provision of goods and services and stuff like that, and employment law on reasonable adjustment, grounds for dismissal and so on.
There have been some minor amendments to H&S law to (properly) reflect the reality for disabled workers, but that's a long way from saying that we should have any remit for implementing the DDA,
John
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Rank: Forum user
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Hi John,
Now look what you've done - I've had to risk assess climbing onto my soapbox, with my bad back at that!
I probably should have made it clearer that I have been an access auditor for a number of years now, and have had to help in implemeting the DDA for a several clients. I wholeheartedly agree that the remit of the DDA is broad and that the implementation will rest with a number of people (HR, Legal, Management, etc.). Equally, however, I believe we are and should be included in that list - if only to ensure that any reasonable adjustments proposed do not cause problems for other users/occupiers/visitors (evac chairs and manual handling spring to mind amongst other things).
Re-reading the original post and subsequent comments, I would say that the underlying issue is that the remit of 'health and safety' is no longer clear cut and I can also see this evolving further over time. As a few other contributors have said, health and safety can be linked to from pretty much all parts of any business making multi-disciplinary professionals an advantage. However, the caveat is and always will be competence and knowing your limits.
Cheers,
J
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Rank: Super forum user
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John I think you are not understanding the full implications of the DDA and other equality legislation. The EU have certainly made it a priorityfor dversity issues, which these are, to be include in all risk assessments - see http://osha.europa.eu/en...ports/TE7809894ENC/view.It is one of the reasons hat Council set up a Diversity Working Party last year to examine th implications for the work of IOSH, Branches, Groups and Individual Practitioners. There is much ground to cover and we are still only scratching th surface. If you look at this forum there have been many occassons when diversity issues have arisen and often in the H&S context. Like it or not we as a group have the best comprehension of assessing risks and thus have most competence to offer. Bob
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Rank: Super forum user
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Bob,
Believe me I fully understand the impications of DDA; during the run up to the full implementation of the Act I was part of this Charity's HR directorate, and I was involved in all the discussion and preparation we had to do. This is why I say it isn't H&S; it's HR. Yes, there are H&S implications (see my earler post); there are H&S implications in the way operational management works, but that doesn't make H&S responsible for operations,
John
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Rank: Guest
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Bob makes a very interesting assertion: ' Like it or not we as a group have the best comprehension of assessing risks and thus have most competence to offer.'
I wonder what objective, empirical evidence has been published that supports this opinion. What evidence is there that Chartered Safety and Health Practitioners have competence to use technqiues to assess risks and needs in relation to people with disabilities that is superior to those of Registered Ergonomists and Chartered Occupational Psychologists, for example? What specific competencies? What specific assessment techniques?
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Rank: Super forum user
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In fairness to Bob, it is his opinion and he may not have any objective evidence. I think we are in danger of getting bogged down here and straying too far from the original thread. I fully appreciate the ramifications of DDA and other similar types of legislation, even though I do not as rule get too involved with them. I leave that to designers and human factor specialists. However, I also appreciate that some others in health and safety might deal with DDA on a frequent basis.
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Rank: Super forum user
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I think the poster has a point, it's not just fire safety, DDA etc that I get dragged into it can be health issues (I know all workplaces are different, and maybe that's why we get such a broad view on postings). I will get dragged into TB issues, when we have a Health Care centre on site and it will always be 'well your health and safety' I think the health part confuses.
I do think that we should have input into all aspects of safety however, and other legislation, but ultimately my role is seen more as the facilitator of health and safety and therefore, I will always include the senior manager, manager and employees in the discussions as particularly the senior managers as they have ultimate responsibilty at the end of the day.
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Rank: Super forum user
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Work involving asbestos is health and safety but I don't touch it because I am not insured for that area, so I dont give advice when asked.
If someone asks me about health issues, again, if I'm not sure I recommend they seek out an occupational health practitioner.
Smoking - that's simple legislation that shouldn't be difficult to manage, the effects from smoking cigarettes can be harmful to health, health is part of "health and safety" so it's included.
Just because we operate in health and safety it doesn't mean we all know everything.
I do fire risk assessments, I also do DDA assessments because I can. Health and safety is a vast area and I doubt if there is any one person that knows it all.
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Rank: Forum user
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There's a difference between managing DDA and being a qualified DDA assessor.
Many of us have professional qualifications for the job we hold and sound knowledge for a whole range of duties that fall upon us, but we don't have to be a 'professional' in every area that we do manage but we do have to have the ability to manage. When a duty and legal responsibility is placed upon a company such as DDA regs it has to sit somewhere and where better to put than under the umbrella of 'health and safety' especially when you think about the cross over when applying DDA you have to take into account Fire, Workplace, Management Regs etc etc. So I would say welcome it with open arms as the health and safety manager should have a good knowledge and understanding of all the associated regulations as It would be fair to say that they have a limited knowledge to ensure their company is fully compliant. Therefore it would also be fair that the company listens to your judgement in applying best practice and gives you a budget for the best solution for coping with it which could be training, consultancy fees or perhaps an additional resource that reports to you as your duties and responsibilities are increasing. Even if you have your own company, you may not be qualified to give advice in that field but why not sub-contract it to someone who is.
As my old man used to say to me....you don't have to be the best shot in the regiment, you just need to know the man who is
So I say consider this; If the cap is offered to you take it because it doesn't mean it has to fit you........
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