Rank: Super forum user
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Lying in bed with suspected norovirus vomiting bug thingy and mind is still thinking HS? Sad or what?
What of the following statements would you say is the most applicable to Risk Assessment:
The findings of the RA identified significant risk of injury or harm occuring
The findings of the RA identified significant risk of significant injury or harm occuring
If the latter, has precedent been set as to the definition of significant in terms of H & S.
The reason i ask is that i know of a situation that involves one person stating that a 'minor' injury was insignificant (supervisor) and the other stating the opposite (operator) The control measures in place are in my opinion adequate and have been reduced to ALARP.
GC
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Rank: Super forum user
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I can't help but wonder if it is a question that both are right and that the deveil is in the use or misuse of terminolgy. Risk being the 'sum' of something along the lines of the hazard or the potential severity of harm (or however you like to look at it) AND the likelihhod of that hazard or harm occuring or being realised, then either statement could be true depending on whether the hazrd itself was significant, the likelihood was significant or indeed a bit of both. If there is a high likelihood of lots and lots and lots and lotsand ...... (you get the pictuure) of minor injuries, then it may not be unreasonable to conclude that the overall risk would be considered significant.
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Rank: Super forum user
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Garfield,
I see your two statements as describing two different things. Both are used in risk assessment statements but neither is more applicable.
“The findings of the RA identified significant risk of injury or harm occurring.” This means that there is a significant risk of injury occurring but has no indication of the severity of that harm. In plain speak; harm is almost certain to occur but when it does the harm will be?????
“The findings of the RA identified significant risk of significant injury or harm occurring.” This means that there is a significant risk of significant harm. In plain speak, it is almost certain to occur and when it does the harm will be significant.
So I cannot see how defining the difference would help in the scenario you describe. You simply have a difference of opinion about the risk assessment which needs to be resolved by applying best practice assessment. This is quite a common outcome where risk assessment is used at workplace levels. Manager concludes, employees conclude differently.
Where do the two views diverge? On severity, on likelihood? What evidence is driving each opinion? Test each view rigorously to determine a common position or at least gain an understanding from both view points of why the rating is where it is.
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Rank: Super forum user
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I broadly agree with both replies and of course the difference in opinion of the outcome may be contentious if all relevant parties were not consulted at the RA stage - quite a common problem I find! My advice incidently to the issue of significance was to try and reach a sensible outcome in terms of task contination or request the 'injured' party to attend a medical examination by the organisations independant OHP.
The injury was of a 'cosmetic' nature...
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Rank: Forum user
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The idea of the risk assessment is NOT TO IDENTIFY significant risks; Reg 3 of the Management Regulations states:
3. — (1) Every employer shall make a suitable and sufficient assessment of—
(a) the risks to the health and safety of his employees to which they are exposed whilst they are at work; and
(b) the risks to the health and safety of persons not in his employment arising out of or in connection with the conduct by him of his undertaking,
for the purpose of identifying the measures he needs to take to comply with the requirements and prohibitions imposed upon him by or under the relevant statutory provisions ...
The Courts have determined that:
- Risk means the possibility of danger.
- Regard must be had to real; not hypothetical or fanciful risks.
- When considering risk, you must consider the severity of the injury and the likelihood of the injury in fact occurring.
What you need to do prevent, protect and comply with the law is determined by requirements of the relevant statutory provisions. In some cases the requirements are absolute, whilst in some cases they are strict.
The requirement is to record the significant findings and any groups especially at risk, where 5 or mere persons are employed.
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Rank: Super forum user
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akwatson wrote:The idea of the risk assessment is NOT TO IDENTIFY significant risks; Reg 3 of the Management Regulations states:
3. — (1) Every employer shall make a suitable and sufficient assessment of—
(a) the risks to the health and safety of his employees to which they are exposed whilst they are at work; and
(b) the risks to the health and safety of persons not in his employment arising out of or in connection with the conduct by him of his undertaking,
for the purpose of identifying the measures he needs to take to comply with the requirements and prohibitions imposed upon him by or under the relevant statutory provisions ...
The Courts have determined that:
- Risk means the possibility of danger.
- Regard must be had to real; not hypothetical or fanciful risks.
- When considering risk, you must consider the severity of the injury and the likelihood of the injury in fact occurring.
What you need to do prevent, protect and comply with the law is determined by requirements of the relevant statutory provisions. In some cases the requirements are absolute, whilst in some cases they are strict.
The requirement is to record the significant findings and any groups especially at risk, where 5 or mere persons are employed.
Yes Yes I think we are all aware of reg 3 akwatson (with all due respect) the point of the thread was the determination of 'significance' through the viewpoint of the assessor, contributors and/or 'injured' party and if a precedent had been set on its (HS) definition. One viewpoint of course could be that the 'significant' findings of an RA idendified that there was insignificant risk attached to the task!
GC
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Rank: Super forum user
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Yes, I felt slightly patronised as well, but to pick up on a couple of points.
In my experience, while the requirement is to assess ALL risks, surely this is in order to identify the significant risks in order that we may concentrate our efforts in mitigating them. I have always considered that is the reasoning behind the requirement to only record the significant sisks. Happy to be wrong though.
I am left wondering, or pondering, what the diffrence between an absolute and a strict requirement is - aren't they the same thing?
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Rank: Super forum user
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My answer to your query is: neither. You seem to confuse "risk" with likelihood, and in your first phrase, the severity is merely unquantified.
As others have stated "risk" is a composite term.
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Rank: Super forum user
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ron hunter wrote:My answer to your query is: neither. You seem to confuse "risk" with likelihood, and in your first phrase, the severity is merely unquantified.
As others have stated "risk" is a composite term.
Yes I agree - Sorry. Risk is indeed the combination of the likelihood of a hazardous event occurring, and the consequence of the event. I perhaps should have said the evaluation of risk identified a high chance of significant injurious event...
The main drive though was has anyone else had problems of defining significance when carrying out RAs - different viewpoints etc.
Phil - I do not think you are wrong and to be honest I havent a clue what the difference is!!
GC
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Rank: Forum user
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Unfortunately, many people do not know what are the requirements of the management regulations.
A point often missed is that risk assessments are not concerned with the probability of the hazardous event they are concerned with the consequences of the hazardous event when it does occur. If they were concerned with the former than the latter it would be possible to justify doing nothing in most circumstances as accidents are rare events and therefore individual risk would not warrant any action being taken.
In considering risk it should not be forgot that all events have a myriad of consequences from the trivial to the severe. What is significant in terms of injury depends on who is injured you or I; if I cannot do what I wish to do then it is significant to me.
Regulation 3 makes it clear that the purpose of assessing risks is to determine what measures are required, so that appropriate controls are in place to protect persons from work activities.
Regarding absolute duties, the duty to control exposures to a hazardous substance COSHH Regulation 7 is an absolute duty whilst the duty to prevent exposure is a strict duty insofar if I have taken all reasonably practical steps I have complied with my duty in law.
If I was patronising earlier I apologise. As to earlier the significant findings may be that there is no risk but that the measures must be taken to ensure that is no risk to health or safety.
Regards
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Rank: Super forum user
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WOW! That has just thrown all that I thought I knew about risk assessment straight out of the window!
And I quote - "risk assessments are not concerned with the probability of the hazardous event they are concerned with the consequences of the hazardous event when it does occur". Are you seriously suggesting that a risk assessment is based solely on consideration of the hazard alone, with no consideration of the likelihood of the hazard being 'realised'?
Gotta say that I don't think you have provided any clarity for me between an absolute duty and a strict one. As I say I thought that they amounted to the same thing .i.e. that an absolute duty (shall, will, shall not etc) resulted in strict liability.
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Rank: Forum user
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Phil,
Please rereae my post. The risk assessment is concerned with the severity and likelihood of injury; not the probability of the event that gives rise to the risk of injury.
Don't blame me; an absolute duty is one for which there is no limit - you either comply or you don't. A strick duty is limited in extent.
Regards
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Rank: Super forum user
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I am more than happy tp be accused or seen as being either obtuse or whatever, but, I am struggling with how you can so easily seperate the probability of the evnt occurring and the likelihhod of injury. Are they not intrinsically linked in as much that if the event doesn't occur then nor does the injury. Don't injuries arise out of undesireable events?
With regard to absolute/strict; I don't think I was blaming you, I just don't understand your explanation.
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Rank: Forum user
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Phil,
There is no argument that injuries result from undesirable events. If the event cannot occur, then there is no danger so there is no risk; Risk being the possibility of danger .
If the event can occur, then there is a risk of injury. In these cases the Courts have determined we must consider the severity of the injury and the likelihood of the injury in fact occurring; we are therefore not concerned with the likelihood of the event but its consequences. It should be noted that were are not concerned with hypothetical or fanciful risks but real risks.
The purpose of assessing risks is to identify measures to comply with the law. Where a risk exists we must take the measures specified by law. In some cases we must take specified measures, whilst in other cases we must do what is practical, what is reasonably practical, or what is reasonable in the circumstances.
Regards
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Rank: Super forum user
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Adrian - your response tends to indicate that we are much on the same wavelength for the most part.
In saying that, while I accept that there is a legal requirement to assess and manage risks etc , I personally feel that purpsoe goes much further than merely complying with the law and that the more compelling reason is to protect people from significant harm.
I think we better leave it at that :-)
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Rank: Super forum user
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The purpose of assessing risks is to identify measures to comply with the law
Regards
I find this quite the most incredible statement I have read on these forums.
GC
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Rank: Forum user
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Garfield/Phil,
" ... for the purpose of identifying the measures he needs to take to comply with the requirements and prohibitions imposed upon him by or under the relevant statutory provisions ... " is a direct quote from the regulation. It should not be forgotton that the purpose of this law is to prevent annd protect persons from injury.
Regards Adrian
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Rank: Super forum user
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Adrian, I can visualize the three of us shaking our heads at each other on this one!
I think at the heart of the matter we all recognise the fundamental fact that the regulations were designed to prevent harm, injury and suffering etc.
Compliance and reduced likelihood of litigation may be extremely relevant, however these shall always just be a positive derivative of good practice and not the primary factor.
Happy Easter
Gary
Oh and by the way I feel a lot better now!
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Rank: Super forum user
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Yes, I have to say Adrian that the quoting of THE regulation that most of us are well acquainted with is again teetering on the patronising. It has been years and years since I have used 'the law' as the primary 'argument' or driver for carrying out risk assessment/risk management, to me the purpose is considerably more fundamental than that. Yes, of course reg 3 etc is relevant, and to some, not me, it appears to be the 'Holy Grail'. But, if I had to rely on the law as the primary reason for doing an assessment and the introduction of the necessary precautions, then I would have the uncomfortable feeling that I had rather lost my way.
I am very much shaking my head.
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Rank: Forum user
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The law is not my reason; my reason is to prevent ill health and injury. However, the law is the rules under which we operate. When interpreting the requirements of the rules it is important to use the exact words of the rules.
Regards
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