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jwk  
#41 Posted : 15 October 2010 15:52:24(UTC)
Rank: Super forum user
jwk

I note that Lord Young states that the self-employed should not have to produce a written risk assessment unless what they are doing poses a risk to others..... I thought lawyers were quick to spot inconsistency and contradiction? John
jwk  
#42 Posted : 15 October 2010 15:55:52(UTC)
Rank: Super forum user
jwk

Ricj, Nikki, to get TechIOSH you need a certificate plus (usually) 5 years post-qaulification anyway, so what he's proposing is by no means going to end the usefulness of the cert to people who want a career in H&S, John
PHIL SUPRA  
#43 Posted : 15 October 2010 16:01:02(UTC)
Rank: Forum user
PHIL SUPRA

OH NO! a quick look finds some alarming errors, such as "All amployers are required to carry out a written risk assessment". What a load of XXX!!!XXX. Any H&S professional worth his salt and who knows the Management reg 3 knows that although itmay be true that an assessment should be made, a Written record is ONLY REQUIRED for SIGNIFICANT findings and ONLY WHEN there are 5 or mor employees. Therefore his ramblings about the self employed on page 16 about being exposed to the "Full Rigour of Health & Safety Leguislation" are simply wrong. Did he talk to any Level 6 qualified professionals I wonder? Actually, A NEBOSH Cert holder could have answered these queries correctly. shame because It appears a missed opportunity to bust the myths, rather than reinforcing some.
rooney  
#44 Posted : 15 October 2010 16:02:52(UTC)
Rank: New forum user
rooney

Just finished reading the report, no surprises really. Thought he would have made more of the consultants setting themselves up without any training etc. The number of employers who do not check on qualifications and membership of IOSH etc is alarming. I would/should expect this to be mandatory.....but who am I.................
firesafety101  
#45 Posted : 15 October 2010 16:09:22(UTC)
Rank: Super forum user
firesafety101

barnaby wrote:
Not read it yet but I quite liked this: http://www.bbc.co.uk/blo...ehind_health_and_sa.html
Has anyone read the report yet? Looks like we all had a snapshot but not enough time to dwell. I agree with barnaby on this bbc report and hope that once the dust settles (don't go there :-) ) there will be no more conkers bonkers and we health and safety professionals can get on with our job of ensuring compliance with the Regs. without as much criticism as at present.
jwk  
#46 Posted : 15 October 2010 16:13:38(UTC)
Rank: Super forum user
jwk

Chris, I've read it, and I remain distinctly underwhelmed. If you follow may various rambling posts on this thread you'll see why, so I won't repeat anything. It won't stop 'elf'n safety' stories whilever the blacktops can use them in pursuit of their anti-tax, anti-LA and anti-union agenda. And that means they won't ever stop, John
jericho  
#47 Posted : 15 October 2010 16:16:50(UTC)
Rank: Forum user
jericho

Odd John, but having read my post again, I cannot find where I ever described retail as low risk. Perhaps I have found who to tag for misinterpreting statements for their own purposes? I clearly said that we should all have an approach that fits our risk profile. And that we should be 'enforced' according to that profile. We are in a very different place to you and I wish you the all the best with tackling it, but would it be appropriate to see all of retail as your organisation is? No of course not and neither vice versa. We are truly risk driven, in everything that we do. We have areas that do have tasks identified as being high risk. But if we took every single task that we did and looked in detail, we would have an almost infinite quantity falling into insignificant, a good deal into low, some in medium and a very few in high. So if someone (not me) describes retail as low risk, I could understand their point. But I never said that and never would. But compared to mines and quarries.... Getting back to rational argument, my point was that getting rid of rule driven safety was a good thing for a large employer like us (heading for 90 000 people). A risk based approach works. But for a small hairdresser for example, performing risk assessments just doesn't make sense to me where in the main, so many people have been there before and worked out what the controls ought to be. I don't want to go back to being rule driven, but I have worked with small employers and they usually say 'All we want to know is what we need to do - and we'll do it'. I am not suggesting that you fall into that 'tick box' category at all. None of my comments were aimed at you in any respect. Merely that you should have a range of choices. But you yourself seem to have made that point already - so we seem to be agreeing with each other which is good isn't it! We don't have to consider unexploded ordnance as (so far) it isn't a reasonably foreseeable hazard for us. Sounds like a nightmare for you though. I see this report as stirring the pot a bit, which it needed. But people are already picking out the pointless bits rather then settling back and working out how to keep the rock rolling and getting some real traction on all the bits that we know are rubbish. It's never been this exciting and the ground is definitely fertile for sowing some seeds of sensibility. Chris
Colin535  
#48 Posted : 15 October 2010 16:28:30(UTC)
Rank: New forum user
Colin535

I am glad that the majority of the members see this report as positive. My greatest hope is that the message that some H & S consultants are not competent is shouted clearly from the rooftops.The report clearly requires that people giving advice do so with the highest level of underpinning knowledge coupled with experience. This standpoint has to be applauded by all who see their efforts to gain NEBOSH Diplomas, degrees and equivalents undermined by three week wonders. H & S is not a cash cow for this group to pass an exam one day and set up consultancies the next. Some have asked where we can gain experience try volunteering, most H &S Advisers etc. are sorely pushed and lots will welcome assistance. But of course this means that the prospective consultant will probably not have everything handed to them on a plate. I also do not see where it states that the NEBOSH cert will disappear the strength of NEBOSH and the other awarding bodies has no been reduced. We only have to look at the competence requirements of the CDM Regs to understand the position of NEBOSH. The cert is also a recommended requirement for the Diploma which is a degree equivalent.
jwk  
#49 Posted : 15 October 2010 16:41:59(UTC)
Rank: Super forum user
jwk

Sorry Colin, I took your endorsement of the general approach recommended by Lord Young for retail as an endorsement of his categorisation of retail environments as low risk, apologies if I misunderstood. I agree that retail is low risk compared to mines and quarries. We have three main arms to our business, we have a health and social care sector which is not included by Lord Young among the low-risk industries. We have a large warehousing operation which imports and distributes goods, and subsidiary distribution centres manily used for storage of off-ticket goods. We have around 400 Charity shops; Lord Young characerises them as low risk; they are not, at least not in the context of their accident and injury rates compared to the other arms of our business. Those other arms are not viewed as low risk in the report, so my five years of experience in this organisation tells me that Lord Young is, on this point, quite wrong. Therefore I do not welcome the report, neither do I abhor it, rather I question its value, John
jericho  
#50 Posted : 15 October 2010 17:10:54(UTC)
Rank: Forum user
jericho

Very fair points John and well made. Can't argue with that. No apols necessary at all. You are in a very difficult sector with some interesting challenges. I think in terms of the value of its content John, I am with you in questioning it. I can see people already gloating of the typos in it scoring some sort of moral victory over the basic errors in quoting a regulation here and there. There's enough fodder there to keep people amused for minutes. What I do find of value though is the fact that it exists. I am lucky to be in the position that I can move about, lobby, meet and influence and I appreciate that not everyone can. This report is simply a vehicle for opening doors for some of us to achieve other things. But trust me when I say that I sleep with a copy of Robens by my bedside and it's the spirit of his words that I speak, I'm certainly not riding some hobby horse for large retailers. What we cannot have in my view is a proportional system that's one size fits all. He never said that I neither have I. It can't work that way. I for one really don't want a list of sectors that fall into low or high (why is nothing ever medium anymore?). Your business is what it is and YOU should be able to say where it falls with confidence. Lord Young clearly isn't a Practitioner and given the speed at which the report has been produced it's hardly surprising that it's got some, well, flaws in it. But as I have said, I think that the actual content is worth less than it's value in terms of leverage and influence. I guess time will tell. I won't be spending the weekend reading it. Chris
peter gotch  
#51 Posted : 15 October 2010 17:22:05(UTC)
Rank: Super forum user
peter gotch

The absence of any recommendation that the media should stop irresponsible reporting is interesting?
Chris1357  
#52 Posted : 15 October 2010 17:58:40(UTC)
Rank: Forum user
Chris1357

Yes my thoughts exactly. The media is firmly identified in Lord Young's report as the perpetrator and promulgator of distortions which damage the image of health and safety. And yet not one single recommendation about how the media should change to overcome this problem. Let me see... which papers are the worst offenders? The Mail and the Express. Hmmm. Which party do they support? No wonder Young has left the media alone.
pete48  
#53 Posted : 15 October 2010 18:00:03(UTC)
Rank: Super forum user
pete48

I have left aside the political rhetoric and the how and when of achieving the recommendations and focused on the recommendations themselves. I have compared them roughly with a lot of the discussions on this forum prior to publication and it seems to me that Lord Young has picked most of what many have said needs changing. It must then be a good report. The devil in the detail will be the limits on what is actually achieved of course but the list is pretty good from where I read it. For me the fact that these areas are the ones identified is the most important thing, it means they will be the ones that discussion, debate and decision will focus in searching for the practical solutions and implementation. I am unclear about those of you who criticise the report. Are you saying it is wrong or just voicing concerns about how and when the recommendations will be put into place? Simplify claims procedures. Yes Restrict ambulance chasers. Yes Clarification re well intentioned voluntary acts. Yes Make it easier to understand and achieve risk assessment in many SME. Yes Better support and guidance from HSE to achieve above, e.g. working interactive tools. Yes Exemptions for home work and self employed from RA. Yes Professional stds for H&S to become a requirement. Yes Restrict insurers imposing risk regimes and regimes on clients. Yes Insurers to review arrangements for insuring worthwhile events. Yes Simplify r.a for schools inc using risk-benefit.. Makes sense LA to justify public safety decisions in writing. Yes Citizens rights to challenge decisions formalised. Yes Simplify regulations. Not sure about this, what and how RIDDOR change to 7 days. Yes it gets rid of the weekend issue if nothing else. Review RIDDOR is it still the way? Yes Combine some LA inspections. Makes sense. More clarity around “heroes” and emergency services. Yes Abolish the AALA. Not sure. A lot of reliance is placed on the assurance that an AALA licence provides re safety especially for school adventure trips p48
m  
#54 Posted : 15 October 2010 18:04:54(UTC)
Rank: Super forum user
m

There is a mistake in the overlong executive summary: "Indeed, if we do not, there is a real risk that the Commission will wish to impose these obligations on firms employing five or fewer, who are currently excluded" To the best of my knowledge they are not excluded, they just don't need to record it in writing/ Looks like another misspent weekend coming up proof reading this report...
pete48  
#55 Posted : 15 October 2010 18:14:56(UTC)
Rank: Super forum user
pete48

Or you could try reading the conclusions and decide whether they are sensible and worry less about the minute detail errors. Might be a more productive weekend. It is a strategic political report, not a technical safety systems audit or report. The politicians who will make the changes happen are not interested in the detail. What are they trying to achieve, making risk assessment easier/less costly and the important sector for them is the small business added to the "big society" imperative. What do these minor technical errors matter if we get better risk assessment that is actually understood and used by more businesses to provide sensible risk management? p48
m  
#56 Posted : 15 October 2010 18:18:48(UTC)
Rank: Super forum user
m

pete48 wrote:
Or you could try reading the conclusions and decide whether they are sensible and worry less about the minute detail errors. Might be a more productive weekend. It is a strategic political report, not a technical safety systems audit or report. The politicians who will make the changes happen are not interested in the detail. What are they trying to achieve, making risk assessment easier/less costly and the important sector for them is the small business added to the "big society" imperative. What do these minor technical errors matter if we get better risk assessment that is actually understood and used by more businesses to provide sensible risk management? p48
I take your point Pete48 but how much credible would the report be if it was not littered with errors that a NEBOSH certificate student would pick up?
pete48  
#57 Posted : 15 October 2010 18:26:59(UTC)
Rank: Super forum user
pete48

M, yes I do agree that I find it a touch annoying and did have to smack myself on the back of the head to make sure the anorak hood wasn't clouding my reading. But that is sort of the point; most who will read it and want it to happen will not even know what IOSH means let alone a Gen Cert. Politics like the media has little to do with fact and a lot to do with imperative, have a good weekend and remember if reading it on line that you MUST take a break every .... :):) P48
m  
#58 Posted : 15 October 2010 19:35:27(UTC)
Rank: Super forum user
m

pete48 wrote:
have a good weekend and remember if reading it on line that you MUST take a break every .... :):) P48
I am reading this from the safety of my home office having done the checklist. I think we need to pick out and promote the bits we like, reject vociferously the bits that are bad then leave the MPs to vote on it. Have a good weekend P48 et al, over and out till Monday M
Paul Duell  
#59 Posted : 15 October 2010 20:07:12(UTC)
Rank: Forum user
Paul Duell

The irritating errors in the report aren't it's key feature, but they're generally indicative of the amount of care that's been taken in its preparation. At least he takes the trouble to lay to rest the story about the PCSOs watching a boy drown because H&S forbade them from interfering - pity it was buried in an annexe. But - why has this taken so long? Any two of the contributors to this forum could've knocked out something better over a long weekend.
MDraper  
#60 Posted : 15 October 2010 21:31:07(UTC)
Rank: New forum user
MDraper

Its important to remember that some views on whether this review is welcome or not, may be influenced by the colour of the politics of the writer. I just wish the review had been written by someone who understands H&S, rather than merely satisfying a pre determined agenda to 'reduce bureaucracy'. I wonder what the parents of the children involved in Lyme Bay think of the recommendations?
NigelB  
#61 Posted : 15 October 2010 22:10:06(UTC)
Rank: Forum user
NigelB

Dear all, some initial comments. Exactly Pete48 it is indeed a ‘strategic political report’. It takes as its key evidence newspaper stories. It provides very little in terms of other evidence to back up the reasoning for the recommendations. The approach of ‘perception is reality’ is used to cover the fact that no practical effort has been made to identify what ‘reality’ is. As such most of the recommendations reveal the ‘perceived wisdom’ of someone had predetermined the outcome last year. This is not a surprise given that David Young wrote the forward to the right wing Policy Exchange Report - Health and Safety: Reducing the Burden. This was a piece of work so inaccurate, misleading and factually wrong that the IOSH comments on its errors was nearly as long as the original report itself. It read like it had been put together by a bunch of economics graduates in a brainstorming meeting, where their brains had stormed out as the meeting started. In relation to ‘compensation culture’ at work there is no compensation culture! As David Young knows claims under Employer Liability insurance are continuing their downward trend of the last ten years. So stop lawyers advertising. Great. Make sure that injured people do not understand they have a right to claim because of their employer’s negligence. What happens when people are told of their rights can be gleamed from the National Audit Report, Coal Health Compensation Schemes: HC 608 Session 2006-2007: 18 July 2007 ‘By March 2007 the Department had received over 591,000 COPD [Chronic Obstructive Pulmonary Disease] claims and 169,000 VWF [Vibration White Finger] claims. These greatly exceeded its initial forecasts of 173,500 and 45,000 respectively …’ Yes indeed - no underestimation is too low when it’s workers’ lives that are at issue. The scheme had to be set up because British Coal Corporation’s negligence had led to hundreds of thousands of miners suffering Chronic Obstructive Pulmonary Disease and Vibration White Finger. I’m not a lawyer but I understand that to succeed in a claim under Employer Liability insurance, the claimant has to show that the employer was negligent and that they suffered injury or ill-health because of their work. ie the employer had failed in a duty of care. If either of these two criteria are not met, it fails. If this review identifies a way of keeping legal costs low but allows legitimate claims to succeed it may have some value. As for the rest, it provides solutions to problems that don't exist, has no recommendations about the inaccurate newspaper stories [reflecting incompetent £1 million + per year editors?] that David Young describes as the main problem in the whole sorry affair and it does very little to address the enormous waste of resources and huge emotional distress that is associated with damage done to people at work on an annual basis. Apart from that - as they say - the rest is fine. In 1983 when David Young was a Minister, Employer Statutory Sick Pay eliminated the industrial injury premium payment, handed all the administration cost of the previous Government run system to the employers – small, large, whatever – and destroyed, yes destroyed the National Accident Database. In the year 1983/84 no over 3 day injuries were recorded at all in the HSC annual report. In 1981 there 412,498 reported injuries under the new system, which took years to devise between HSE and the then DHSS. The HSE now ignore over 3-day injuries reported before 1986/87. By this time less than half the injuries of 1981 were being reported. I can assure readers, it was the deliberate political policy of the then Tory Government that destroyed the database, not some magnificent improvement in the prevention of accidents. David Young now recommends that reports should be made after 7 days off work. [Why 7 why not 365? That would reduce the so called 'burden' even further.] At a stroke we will have an even safer record nationally and even worse statistics on which to try and base prevention policies!! David Young’s Report cannot be lampooned because it is to good a spoof already. And I have read it. I've always supported an authoritive review of health and safety in the UK. One day, we might get one. Nigel
Ron Hunter  
#62 Posted : 15 October 2010 23:52:15(UTC)
Rank: Super forum user
Ron Hunter

Well said, NigelB. Excellent summation, MDraper "merely satisfying a pre determined agenda". In that respect, the Report is of course faultless.
johnmurray  
#63 Posted : 16 October 2010 08:14:59(UTC)
Rank: Super forum user
johnmurray

jericho wrote:
When I worked in heavy industry you could expect a visit from HM Inspectorate once every 5 years or so. Some of our High Street Branches get 4 visits per annum. I welcome any review that helps us to push back. Large multi site organisations such as retail need to have a different enforcement model based on a strategic review of the central management systems, not to be picked off one at a time locally being seen as small local business to be pushed around. Small businesses don't generally need a risk driven approach. Check box safety can be as much as they need. All round, encouraging. Depending on your view point. I'd give it 8/10 Chris
Working with larger companies • Undertake a consultation with the intention of having an improved system with an **enhanced role for the HSE** in place for large multi-site retail businesses as soon as practicable.
johnmurray  
#64 Posted : 16 October 2010 08:30:55(UTC)
Rank: Super forum user
johnmurray

They're only "recommendations". The work now has to be done to put them into effect. Trying to bypass EU directives will be interesting, let along figuring out how to get insurance companies to not have employers do risk assessments. Loads of recommendations, not a lot of hope. Not for those injured/killed/given disease/s.
RayRapp  
#65 Posted : 16 October 2010 10:35:23(UTC)
Rank: Super forum user
RayRapp

Glanced through the report and recommendations, predictable and to some degree disappointing. Lord Young has provided a wish-list of some issues that blight good health and safety, but most do not contain any real substance or how to achieve the goal. For example, a consultants' register will not solve the problem of poorly interpreted regulation. The main cause is jobsworths in councils and other quangos who either use h&s as an excuse for not doing something, or are ignorant of good h&s practice. Most h&s consultants provide good advice, are well qualified and experienced. I would admit that some consultants provide OTT h&s, particularly documentation, but this is simply because they are acting like sales people and charging proportionally for their work. Reducing the burden on the emergency services is a fair point but...it was the CPS and the HSE who prosecuted Lords Condon and Stevens, over the fatality of a police officer, who was chasing a suspected criminal over a roof top - btw, found not guilty. The HSE further muddied the water by prosecuting the Met Police for the De Menezies killing, another daft decision. So, who is causing all these problems with the emergency services - you guessed it. I think a good opportunity has been missed with Lord Young's report, which has only scratched the surface of h&s problems. I would much rather have seen a meaningful think-tank made up from a cross representation within the industry ie lawyers, IOSH, RoSPA, IIRSM, CIEH, insurance, HSE/LAs, CBI and so on. Only then can we get to the bottom of the problem and provide proper guidance on h&s issues.
NigelB  
#66 Posted : 16 October 2010 11:50:06(UTC)
Rank: Forum user
NigelB

Ray You have made a valid point that should be followed up with regard to trying to address the problems that we know exist. A variety of groups have been consulted over the Young Review. If nothing else, it has certainly stirred things up in the world of health and safety. Perhaps the groups you mention could have some formal arrangement - having loosely done so under the Review - and start a process of ongoing review of health and safety. Taking the business approach of 'continuous improvement' two or three key issues could be analysed and potential solutions identified. These could then be brought back into the respective organisations for action over the medium to longer term. ie single issue drives. To a large degree many issues have already been identified within each individual organisation. What we need are issues that we know exist, are important across the board, action can be taken and all could be involved with the solution. The HSE has already determined 10 strategic points - maybe concentrating on one or two of these could be added value. Maybe such a group should form itself into a recognised 'Be part of the Solution' forum as part of the HSE Strategy. If they could do so under the Young Review why not continue to do so? There are many obstacles to this, a big one being that there is already a large number of campaigns on single issues at play nationally, at sector level and within individual organisations. And, of course, time and resources. Nevertheless if some value is to be achieved by the Young Report, prompting significant players in the health and safety world to co-operate in some formal way might provide a sharper focus on continually monitoring and addressing the real problems in health and safety that we know exist. However concentrating on single issues over long periods. For example the Food Sector Recipe for Safety initiative has run over 18 years. Significant decreases in injury rates have been achieved by a continued drive to provide solutions to targeted causes of injuries. In such an endeavour it would be helpful if the real difficulties of employers and the real concerns of the workforce are reflected in the analysis of such a group. Just a thought. Cheers. Nigel
Chris1357  
#67 Posted : 16 October 2010 12:01:08(UTC)
Rank: Forum user
Chris1357

NigelB wrote:
Dear all, some initial comments. ... David Young’s Report cannot be lampooned because it is to good a spoof already. And I have read it. I've always supported an authoritive review of health and safety in the UK. One day, we might get one. Nigel
I like what you have written Nigel. The more I think about the report the more cross I become. The very terms of reference of the report ('To investigate and report back to the Prime Minister on the rise of the compensation culture...') presupposes that one exists. Yet on page 46 it is stated that 'There was a general agreement [among stakeholders - meaning those who actually know] that the rise of a compensation culture is largely a myth perpetrated by the national press.' And as I said before, not one recommendation about the key opinion formers in the country - those with the most power to denigrate 'elf and safety - the national press. Astonishing. But the recommendations do include having a 'one off consent form' for parents???? Increasing the reporting time to 7 days for accidents? Well the 'burden' only exists for an employer after they have had an accident, which they are supposed to by trying to avoid. Re Educational Visits: 'There have been a number of cases' - but no references or evidence. 'A huge amount of form filling...' - again no evidence for this pejorative description, and speaking as a parent of three children, yes I DO want some confidence that teachers are thinking about the safety of my children before they take them out of the controlled environment of the school. Honestly, it reads like a 'news' report in the Mail. If I submitted a report such as this, so full of unsubstantiated assertions, I would be asked to rewrite it. Children's Play Areas: There is a 'widely held belief' within the 'play sector' - whatever that might be - that 'misinterpretations of the Act are leading to the creation of uninspiring play spaces that do not enable children to experience risk'. Well, again as a parent of three children 11, 9 and 6, I spend quite a bit of time in children's play areas, and they are generally very good. I see challenging climbing frames which are strong, stable, safe to use (free from sharp edges, traps and other obvious hazards) and above all good fun. I don't see any truth in the assertion. I could go on about the faults of this report - don't even start on what 'low hazard' might mean. But on the positive side, it makes sense to have an official scheme for the accreditation of Safety Consultants, and anything which can improve the effectiveness and fairness of the compensation system must be a good thing. One of my clients said to me a short time ago 'I can't wait for Lord Young's report - we can get rid of all these stupid health and safety rules.' When I asked what rules we should get rid of first, he was unable to name one. This report will be a huge disappointment to him too. Truthfully, I think that 'health and safety' in this country has been so systematically denigrated, so wilfully misinterpreted and misreported over such a long period of time, that I do not believe we will ever achieve a balanced reputation among the population. And this report is no help.
Rock22543  
#68 Posted : 16 October 2010 12:26:38(UTC)
Rank: New forum user
Rock22543

How delicious that the same day as Lord Young's report is issued the Tate Modern close a gallery because of H&S concerns regarding dust. There appears to be no mention of any serious assessment or monitoring by a qualified H&S professional - but one news report does mention there is management concern that the porcelain seeds would not last for the exhibition's six month period! Ken
NigelB  
#69 Posted : 16 October 2010 13:15:24(UTC)
Rank: Forum user
NigelB

Penny Thanks for your comments - and Ron as well! The report has many contradictions and the more these are read in detail by others, I don't think you will be the only one cross. I'm more upbeat about the future. The report should provoke a back reaction from people who are knowledgeable about the problems that exist in the UK H&S System. Maybe David Young wrote the report as an act of provocation to get people like ourselves thinking about how we should address the real problems. That has certainly happened in my case. There is no doubt that the press have influenced opinions. However IOSH is about the world of work. We can continue to concentrate our efforts on: a) starting with workers, who, after all are the ones most represented in the officially acknowledged under reporting system of the UK - ie dead, injured, maimed and diseased by work. How can they be helped to challenge bad managerial decision making and conform to safe working practices? Worker involvement is a key priority in the HSE Strategy. Finance is available to support worker prepresentative training and joint manager/workers representative training through the HSE's 'Do Your Bit' initiative. b) supporting supervisors/line managers who are often in the middle of contradictory demands from the workforce and their own senior managers. I recall a line manager telling me his role was to 'turn the ideological fantasies of the board into a profitable reality of the shop floor.' There are plenty of information sources and materials around. Our focus needs to be on how we can help managers/supervisors incorporate preventative measures in their daily work. Again shedloads of information on this but is there the desire to meet the challenge? Leadership of an organisation is vital. So is the competence of those advising on health and safety solutions. I understand these are being addressed by the HSE. We have at our disposal the most sophisticated communications systems the world has ever known. [I think!!] We need to understand it, develop the most effective methods in a variety of different situations and above all promote our success. Some newspapers will continue in their short sighted efforts because their £million + a year salaried editors [+ expences] and highly inflated egos cannot help themselves. But they will provide enough examples for them to be the ridiculed ones. This is only a matter of time. The improvement of workplace conditions and our promotion of success can have an impact. If people actually believe the trivia provided by the newspapers, when their claim is refused, when their payout is £5,000 for the loss of an eye or limb because they don't earn much, when their life or loved one is ruined and they discover how the life of workers in the UK is so cheap, they will react. The rise in the last 20 years of 'victims groups' 'self help groups' Families Against Corporate Killers etc is telling us that a lot of people are not going to accept the death of their loved ones without a fight. And millions of workers are harmed ever year by work. There is a rather large potential for back reaction. If this report is a turning point, let it be the continuation of a focus on solving real problems, helping those at the risk end of work and the distribution of millions of successful preventative solutions that health and safety practitioners have created over the past 40 years. My IT friend tells me that the computer memory to hold and access such amounts of information is available. Have we the will to promote our success? Going to lie down now. Nigel
pete48  
#70 Posted : 16 October 2010 15:23:26(UTC)
Rank: Super forum user
pete48

Of course it would have been better if..........2 IOSH students could have done a better job. Maybe technically but politically..not a chance. The thing about politics is that it is all about perception and the perception of everyday in the street is always a more powerful persuader than cold fact or evidence. Of course there is no such thing as a compensation culture in any evidential sense but it is common shorthand for the concerns that drive all sides of the debate. So why is it wrong to use it as a term in this report? Why should there be a backlash? Most of our society at the moment sees OSH as a nuisance or burden. They see us as a bunch of anoraks that muddle and middle over minute details while the world wants to be playing at risky things. They will see this report as an attempt at tackling the unnecessary restrictions on them. (whether those restrictions are real or not) You can see examples every day of citizens who take risks and put others at risk; who ignore the requests of their employers to work safely and then still have a means to blame their employer for their injuries. You see examples of employers who knowingly risk their employees. However, it seems they are less concerned about that than the OSH fraternity who are still trawling over the technical inaccuracies in a political report and suggesting that it is fatally flawed as a result. NIgel B, I agree with your last comments. Why not look for ways that we can use this report to achieve improvements? Take the changes and reviews of RIDDOR. It could be taken that the extension to 7 days is a ploy, or amounts to nothing more than, by HMG to somehow produce better performance stats for UK plc. It may be but I am neither arguing nor concerned at all about that point. What I do know is that RIDDOR is constantly called into question by the OSH fraternity and others and there have been calls for a major review. When even the "professional experts" cannot agree on what it covers and when it applies then the Regulation must be, at best, too complex. It looks to me like we are getting a review and will have the chance to change it for the better and that has to be good doesn’t it? I might make a similar point with regard to the risk assessment area. A good set of recommendations to make it easier to achieve risk assessment; providing tools to almost take away the present obstruction " it is too difficult or too expensive to do" and therefore nothing happens until either the enforcers enforce or the insurers say no more. The report chose to use the term low risk which means something to a safety aware person but commonly means something entirely different to others. And since the report is not for those who already know the answers it is perfectly valid to use it in the common sense. So for the sake of debate let’s just look at the recommendation from the view that in many undertakings the risk profile is relatively simple and there is no in house safety anorak. Why should it not be possible and acceptable that competent people put together an interactive tool that will make it much more likely that a small employer or one with a simple risk profile can comply with the requirement to risk assess and access the "norms" of risk controls without the need to understand all the technical needs. Seems to me that will more likely result in not only better controls but better understanding of what is acceptable and what is not. Just when and why did we move away from the need to record “significant findings” and the understanding that in small groups that it was the act of assessment that is important and not the recording (fewer than 5 rule). Somewhere along the line of “got to have evidence or it is your fault or guilt” methinks. So if that can be better resolved why would we not welcome it? The question of simplifying the claims procedures must also have many benefits? Pitfalls and unseen or feared consequences, it would be a first if there were not. For example, I seem to recall being told that Woolf would do this and it clearly hasn’t. Is that reason not to welcome the recommendation? I am very surprised at the comments about whether controls were required on media reporting. It should never be possible to control the media for such everyday matters; surely that is contrary to a key precept of our society. What you can do rather like controlling a fire is to starve it of fuel and it goes out. I see, within this report, many opportunities for getting rid of the sources of the current media interest in OSH. Whether you would want to put that explicitly into a report like this I doubt but I would be surprised if it were not in the rationale somewhere. The report is what it is, warts, errors, omissions and all. But like it or not, it will be used to focus efforts in this area for the immediate and potentially medium term. Therefore, I hope that IOSH will continue to be very actively involved in making sure that HMG does deliver on this report and be very proactive in the achievement of most if not all of the recommendations. Now I am going to take an afternoon nap as well, I understand that it what most politicians do anyway!!  P48
jay  
#71 Posted : 16 October 2010 15:36:59(UTC)
Rank: Super forum user
jay

First and foremost, will anyone, including David Cameroon, Lord Young , leaders of all political parties, safety organisations and all sections of the media etc respond "with common sense" when we have fatalities arising from disasters etc. Too often, politicians and others, when in opposition implicitly voice demands/measures for risk elimination when fatalities occur. The response of the government in power is to appease the media, victims/pressure groups. They are often advised by media relations gurus what will give them better ratings/poll leads /political point scoring rather than being "fair" (it has become a buzzword recently!) with striking the balance between the demands of the victims groups etc and the cost of implementing safety licensing/controls etc. I am not at all saying that victims should not have a say, but a balance has to be struck. In the Menzies shooting case, it perhaps was politically expedient to prosecute under HASAWA instead of dealing with the matter sensibly by either taking the top person(s) in charge to task, or being firm with the Menzies family in that a mistake had been made, but the "fault finding" and "allocation of blame" will go no further. In fact what we have is a reflection of the society we live in that there is expectation of allocation of blame and recompense for injury and suffering. The basic "raft" EU derived health and safety legislation was implemented when the Conservatives were in power, with the current set being to large extent amendments/updating of the regulations. Also, no reference has been made regarding the Pre-Action Protocols in context of civil claims and the perception or otherwise arising from the consequences of sometimes not having the "paperwork" to demonstrate that the risk was significant and addressed or insignificant. There is perhaps an expectation that to defend such actions, there has to be paperwork/bureaucracy to defend the claims. The legal experts amongst us can clarify. Also, let us not loose sight of the fact that there indeed are genuine claimants and the ability to put forward a civil claim is one of our civil rights. http://www.justice.gov.u...ls/prot_pic.htm#IDA23OVB I was shocked that the response an issues such as stress was shoved aside a well being matter when the cost to the British Economy of absence due to stress is significant. It just indicates that the report is not based largely on hearsay /perceptions than an in-depth inquiry.
Bibby31544  
#72 Posted : 16 October 2010 22:59:55(UTC)
Rank: Forum user
Bibby31544

It's good to see that as a forum we are hitting the mark re interpreting Young's report. It's a shame he has neglected to apologise for being in government when most of the issues he sees fit to change were enacted. I recall a similar review on the over-burdensome H&S legislation some years ago under Majors government. That resulted in a raft of redundant legislation being removed from the statute books, many relating to specific industries that no longer existed. Pete48 makes some good points though I'm not sure I agree with him on every point: Simplify claims procedures. - Agreed, if it help injured parties secure the compensation they deserve. However, I still doubt the sufferers of asbestos related illnesses and their families will receive their just deserts any sooner. Restrict ambulance chasers The issue of a claims culture per se is as a direct result of successive governments from Thatcher to Brown reducing access to the legal system for the less well off. There is no legal aid for civil cases so the only way ordinary people can access justice is if solicitors and barristers operate on a no win no fee basis. Hence the ambulance chasers. This has directly impacted on businesses, especially in construction where the big players operate very strict PPE focused safety regimes, which give safety a bad name and hasn't had any impact on the accident stats. There is still around a death a week in construction and it was the same when I started my H&S career back in 1983. Clarification re well intentioned voluntary acts. - No matter how well intentioned if it results in someone's death or injury the individual concerned ought to be subject to the same sanctions as anyone else. The judge will decide how well intentioned the motives are. Make it easier to understand and achieve risk assessment in many SME. Risk assessments are already simple if one is assessing easy to understand hazards. If a SME is involved in complicated hazardous operation then their RA's will and should be more detailed and complex. The idea of allowing SME's where the vast majority of the UK workforce are employed from less than thorough RA's seems both irresponsible and immoral. Exemptions for home work and self employed from RA. Yes Not sure this is a good idea though I understand the cock eyed approach to homeworking that some employers have taken. However, we must not reduce the standard of safety experienced by homeworkers when compared to that of those in the office, factory or elsewhere. Professional stds for H&S to become a requirement. Agreed. Too many lame duck people in the profession who are as one person eluded 'the book jobsworthy' types. Restrict insurers imposing risk regimes and regimes on clients. So long as it is in line with compliance and not excessively so I don't see a problem with this. However, insurers are in the business of making money by reducing claims so if they can reduce their risk by imposing a strict regime on a poorly managed business so be it. After all we unfortunately have to have regard for the worst type of business where compliance is seen as an unnecessary burden and something to be avoided whenever possible. These are the businesses that kill people every year and we can do without them. If they can continue to operate under the strict restrictions of insurers that is fine by me. Insurers to review arrangements for insuring worthwhile events. No opinion so long as the risk of those attending is not unduly compromised. Simplify r.a for schools inc using risk-benefit.. Makes sense I'm not sure what this means. Simplify how? IOSH promote a simple RA process based on a 5x5 grid. Itr could not be any simpler. Schools should not be let off lightly. There have been too many kids killed through the incompetency of teachers. Any relaxation of the rules as applied to schools is a bad move. LA to justify public safety decisions in writing. Yes Not likely to make any difference to the way LA's interpret the law and they are after all the one body suffering more inappropriate civil claims than any other group. Citizens rights to challenge decisions formalised. Yes Agreed, so long as it doesn't restrict plaintiffs ability to successfully access the judicial system. Simplify regulations. Not sure about this, what and how This is such a load of old tosh. There has been cross party agreement not to undermine or weaken existing h&s legislation through the introduction of new legislation or amendments since the H&S at work act was enacted. This has been supported throughout the industrial unrest of the 70's & 80's as well as the changes in government over the past 35 years. It's not the regulations that need to be simplified but the guidance and codes of practise, which can be as full of legalese as the regulations themselves. RIDDOR change to 7 days. Bad mistake. It seems a history lesson is in order. The problems that arose due to the introduction of NADOR 1980 took years to rectify. Accident statistics were wholly unreliable until RIDDOR 85 was introduced, and even then it took until the 90's to sort themselves out. The reason over 3 days was introduced is a legacy of the days when statutory sick benefit was not paid for the first 3 days of a claim (they are called 'waiting days'). I believe this is indeed still the case though the introduction of self-certification meant that a doctors sick note was no longer necessary to make a claim. If anything we should be moving in the opposite direction and make all lost time accidents reportable that way we can simplify the whole reporting process and regard any accident resulting in time off work as a serious accident. The important thing is not to reduce an already lamentable rate of reporting but to enhance it. Why? Well without the official stats the HSE will have no reliable evidence to make future legislative changes. Review RIDDOR is it still the way? Refer to my previous comment Combine some LA inspections. Having worked as an inspector in an Env Health department I can say that EHO's already combine inspections. If you visit a food premises you look at everything as an EHO not just food hygiene. If you visit a tyre fitters you look purely at H&S issues. I don't see that Young's comments have any relevance to the way LA's operate. If we expect Trading Standards Officers to undertake H&S inspections then that is fine so long as they are comp[tent to do so. More clarity around “heroes” and emergency services. The Police forces and Fire & Civil defence services should in no way be any less exempt from their H&S duties than any other organisation. However, I fully understand the political pressure to allow looney police officers or firemen to rush in where angels fear to tread (most likely to kill themselves but win a posthumous bravery medal). It will probably lead to even more officers suffering 'PTSD' and spending the rest of their working lives living off tax payers money. Abolish the AALA. Not sure. A lot of reliance is placed on the assurance that an AALA licence provides re safety especially for school adventure trips Agreed. Too many kids killed by incompetent adventure/activity suppliers. However, we do tend to wrap our kids in too much cotton wool so I can see why as a society it may be healthier to allow for more risks in our developmental years. At the same time if you were a parent, who had lost a child in such circumstances as the Lyme Bay tragedy I doubt they would want to see any relaxation of the licensing process.
johnmurray  
#73 Posted : 17 October 2010 01:27:55(UTC)
Rank: Super forum user
johnmurray

Lord Young is a "safe pair of hands" He knows whats what....he knows the "system" from the bottom up. He was never going to do anything even mildly radical. I would be interested in knowing whether it is individual police/fire officers who are going to be "exempt" or the entire service. Given the amount that the police alone kill each year through driving accidents, I suspect it will not be individuals.
KevinOBrien  
#74 Posted : 17 October 2010 08:47:43(UTC)
Rank: Forum user
KevinOBrien

Regarding the safety qualifications ie NEBOSH General, little wonder that unions are in denial on many points as it will mean that stewards will be largely unqualified to deal with their issues as normally they attend one or two-day short courses on various activities. Interesting.
KevinOBrien  
#75 Posted : 17 October 2010 08:49:49(UTC)
Rank: Forum user
KevinOBrien

The RIDDOR reporting after 7 days works for me as it does mean in theory that as Lord Young says,that a medical view needs to be gained to. May have been better to go in the opposite direction and change GP reports to a requirement at three days and do away with self-certs.
johnmurray  
#76 Posted : 17 October 2010 13:00:05(UTC)
Rank: Super forum user
johnmurray

The "sick-note" changed to the "fit-note" in April. The FN is issued after seven days (hmmmm) The problem being that many employers just will not have people at work if they are sick...mind you, the Fit-Sick-Note helps with the money....since the pay will be salary endowed by SSP. From personal experience I can state that an employer whose employee presents for work with a "fit-note" stating "Back injury. Displaced disc in lower back. Fit for any non-manual-lifting work" will get no return to work, even IF there is any other work they CAN do. And you need to take into account that many employers querying the sickness (physical injury) with their insurer will find the insurer less than enthusiastic. AND the changes to RIDDOR are taking no action on the less than 50% that are reported in the REAL world, which is not located anywhere near the Palace of Westminster.
pete48  
#77 Posted : 18 October 2010 06:53:32(UTC)
Rank: Super forum user
pete48

Bibby, thanks for joining the debate. May I respond with some clarification on my opinions. Ambulance chasers. I agree with your analysis of why they exist. I hope the report is aimed looking at the criteria for which cases can be taken forward. I did not get any sense that the report is trying to restrict access to justice but to ensure fair access and judgment for either party. Heroes and emergency services. I fully agree that emergency services should not be exempted. However, the mechanisms and processes that surround human behaviour when faced with life threatening situations are very complex. We quite rightly expect our emergency services to meet and cope with them consistently. We expect the employers, on our behalf as the society that benefits from their work, to address their workplace and control the risks. That should not change. But the specific risks that turn a good professional, conscientious and dedicated employee into a hero in a split second do require special consideration. Not because they are heroes but because they face the risk of becoming a hero or villain almost every day of their working lives. They certainly do not deserve to be judged or punished in exactly the same way as other employers, employees and workers. The issue for the "good Samaritan" is clear in your stated opinion. Why would I take any risk to help a fellow human being if I am to be judged in that context? These are the tensions that I hope the report aims to consider and find ways to overcome. Insurers. I was not that clear in my comments. It is inappropriate regimes not the regimes themselves that I think the report questions. Applying complex risk assessments to simpler situations is never helpful. It reaffirms the opinion of the SME that OSH is costly and OTT. If the regime requires sensible control of the risks and is specific to the individual business then that is helpful. No difference from my house insurers who tell me how much they want and how I can reduce the premium if I make certain improvements. I understand the difference when insurers are dealing with identified shortcomings re legal duties as opposed to straightforward financial risk but this is a common remark made to me by many SME and is maybe why this recommendation is in the report. Risk Assessment. A few more words about this low risk stuff. I think what the report means when it talks of low risk are those workplaces where the hazards present are broadly similar to the hazards that we all live with every day. Stuff like working with electricity, slips trips falls, some use of household chemicals, fire safety etc. The controls for these hazards are much the same wherever they are encountered and many are simply controlled through engineering which means that most people (except OSH bods of course!) wander blissfully through life unaware that their risks have been controlled adequately. Hence "low risk". I am not saying that such workplaces should be exempt from risk assessment and neither do I think that the report is saying that. What I do know is that the present interpretation of and continued reliance of 5 steps, 5x5 or 3x3 systems et al just is not working for many workplaces and is preventing sensible management of OSH in the workplace. This is not good for preventing workplace accidents so we need to find a better way for use where it is appropriate. I am as pragmatic as the next person when it comes to politicians delivering what we think they have said they would deliver and I can see many hurdles for this report as is demonstrated not the least on these forums. p48
johnmurray  
#78 Posted : 18 October 2010 07:38:01(UTC)
Rank: Super forum user
johnmurray

Just read pages 15/16/17. It saves a lot of time. You can then try to deduce the routes of improvement, or not. Try this bit: "Clarify (through legislation if necessary) that people will not be held liable for any consequences due to well-intentioned voluntary acts on their part" Legislation to exempt people from liability if they kill/injure/damage/reduce-value-of-items......the word minefield comes to mind. "Insurance companies should cease the current practice that requires businesses operating in low hazard environments to employ health and safety consultants to carry out full health and safety risk assessments" That will just be ignored, unless Whitehall is going to carry the liability. I prefer not to mention self-employed in low-hazard work not having to do risk assessments, as if any ever do risk assessments unless forced by the client. "Shift from a system of risk assessment to a system of risk–benefit assessment and consider reviewing the Health and Safety at Work etc Act 1974 to separate out play and leisure from workplace contexts" As they say: one childs place of education is another persons place of work. "The UK should take the lead in cooperating with other member states to ensure that EU health and safety rules for low risk businesses are not overly prescriptive, are proportionate and do not attempt to achieve the elimination of all risk" That takes care of the next 20+ years then..... "The HSE should also re-examine the operation of the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995 to determine whether this is the best approach to providing an accurate national picture of workplace accidents" With less than 50% reporting, falling to less than 10% in self-employed workers (see above comment) I fail to see the reasoning. Operation of RIDDOR = good, Operation of employers = dismal (no change) Oh: Finally: © Crown copyright 2010 You may re-use this information (not including logos) free of charge in any format or medium, under the terms of the Open Government Licence.
Adrian Watson  
#79 Posted : 18 October 2010 09:31:06(UTC)
Rank: Forum user
Adrian Watson

PHIL SUPRA wrote:
Any H&S professional worth his salt and who knows the Management reg 3 knows that although itmay be true that an assessment should be made, a Written record is ONLY REQUIRED for SIGNIFICANT findings and ONLY WHEN there are 5 or mor employees.
Where! Regards
Chris1357  
#80 Posted : 18 October 2010 10:06:59(UTC)
Rank: Forum user
Chris1357

Phil is correct - this is the specification given in Paragraph 23 of the ACoP for the regulations: http://www.hse.gov.uk/pubns/priced/l21.pdf
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