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redken  
#1 Posted : 02 July 2011 09:17:54(UTC)
Rank: Super forum user
redken

http://www.telegraph.co....joy-out-of-playtime.html "Miss Hackitt said the “gloves are off” and her organisation would target officials or employers who wrongly used health and safety to stop everyday activities." At least we must get Chris's views on this!
johnmurray  
#2 Posted : 02 July 2011 10:26:14(UTC)
Rank: Super forum user
johnmurray

Sounds like a cry for more money.....and staff... Sorry, none remaining, purse empty.
cliveg  
#3 Posted : 02 July 2011 11:20:58(UTC)
Rank: Forum user
cliveg

Could be, but some useful soundbites - liked 'Own your own decisions'; 'Don't use H&S as a convenient scapegoat'.
RayRapp  
#4 Posted : 02 July 2011 13:32:49(UTC)
Rank: Super forum user
RayRapp

I do not particularly like sound bites...'those that create risk are best placed to manage it', is another overly used by the HSE and plagiarised from the Roben's Committee report. Talking of trivial risks, it's a shame the HSE could not see what the Appeal Court Judge could in R v Porter [2008] WLR (D) 167 Talk is cheap.
Al.  
#5 Posted : 02 July 2011 14:20:27(UTC)
Rank: Forum user
Al.

The HSE and its Chair are certainly saying the sorts of things which the Prime Minister will want to hear. They have been muttering them for a while but they are now beginning to articulate them more clearly and express them forcibly. Staff at No 10 will be able to report to their boss that the HSE is now definitely "on-message". This is quite a step onwards from the rather feeble "myth of the month" which exemplified the HSE's earlier efforts at trying to turn back the tide of risk aversion. I welcome what is now being said but feel it is a pity that we could not have heard this sort of thing from the HSE a long long time ago. It appears it has been bounced in to this by the current government. What also saddens me though is the complete unwillingness on the part of the HSE to acknowledge that it has played a very significant part in the creation of a culture of risk aversion. Ray highlights the case of the school headmaster who was prosecuted when a child fell down some steps. There have been many other instances where by its actions and inactions the HSE allowed a perception to develop in the minds of employers and of the general public that we must protect people against all risks. By its complete failure to provide clear guidance on Reg 3 of MHSWR in the years following its coming into force in 1993, the HSE allowed a perception to develop that written risk assessment was required for almost all activities. When it eventually did intervene about 10 years later it was too late - the damage had been done. I would welcome some contrition on the part of the HSE but as an organisation it is not accustomed to admitting in public that it makes mistakes. It is always someone else's fault. In this case the insurance companies and those whom are described as "well-meaning but misguided jobsworths". No mention at all of the well meaning but misguided HSE policy makers who helped create a climate in which the jobsworths learned their trade.
cliveg  
#6 Posted : 02 July 2011 15:38:44(UTC)
Rank: Forum user
cliveg

Ray Sorry, didn't make myself clear enough. When compiling a one page brief for sceptical internal senior management - they won't read anything longer - such soundbites have their use. But you are right, actions speak louder than words!
Ciaran Delaney  
#7 Posted : 02 July 2011 16:42:21(UTC)
Rank: Super forum user
Ciaran Delaney

Listening to her on BBC Radio 4, she gave the "elf and safety" story the drubbing it needed and especially targetted those using H&S as a smokescreen for other rationale used not to run events.
boblewis  
#8 Posted : 02 July 2011 19:13:30(UTC)
Rank: Super forum user
boblewis

Ray Even Robens plagiarised that from solicitors dealing with mining accidents and safe places of work. It all comes round again. Our other exchange suggests that this again is only "good" words that mean nothing in this situation. Bob
RayRapp  
#9 Posted : 02 July 2011 21:00:27(UTC)
Rank: Super forum user
RayRapp

Al. Your post is spot on...the HSE have missed many opportunities to address risk aversion, only to sit on the fence until it is too late and the damage has been done. Indeed, through overly prescriptive guidance they are as blameworthy as any jobsworth. The HSE hierarchy have now become nothing more the stooges to this government. Incidentally, I saw the news tonight where our 'sensible safety' champion Chris Grayling, is advocating schools should not be put off trips to the 'museum' because of unnecessary health and safety...blah, blah. I don't disagree in principle, but then I don't prosecute teachers when they do get it wrong; even a teaching union was treating the new approach with caution.
Ron Hunter  
#10 Posted : 02 July 2011 22:22:03(UTC)
Rank: Super forum user
Ron Hunter

A once semi-autonomous organisation previously held in high regard beyond these shores now reduced to the role of political puppet -or should that be ventriloquist's dummy? This isn't progress.
boblewis  
#11 Posted : 03 July 2011 08:38:41(UTC)
Rank: Super forum user
boblewis

Ron But we have to face it that there are teachers who get it blatantly wrong and go ahead in spite of advice - witness the Bolton Abbey fatality. We cannot excuse a profession or group simply because of who they are. Yes lets get rid of the pseudo experts making "H&S" decisions that cause distress and chaos but be careful of the baby and the bath water. Bob
johnmurray  
#12 Posted : 03 July 2011 09:58:23(UTC)
Rank: Super forum user
johnmurray

Al.  
#13 Posted : 03 July 2011 16:28:37(UTC)
Rank: Forum user
Al.

The 8 page document which replaces the 150 page one for schools trips is at http://www.education.gov...aff-and-governing-bodies It is such a massive change and it is being implemented so quickly that I wonder if teachers will be left bewildered and scared that they could still end up in court when it is felt that their perception of common sense is out of line with that of the regulator. Government and the HSE want us to expose children to more risk. It is inevitable that this will result in more children being killed or seriously injured (as more risk means more accidents and therefore more serious accidents). This is the price we have to pay for exposing children to more risk and it is a price we should be willing to pay if we want to broaden our children's horizons. However I feel that the Government has not yet been explicit about this and has not engaged with parents in making it clear. I welcome this change in policy, the issuing of the new guidance and the HSE's belated support but let's be clear what it means: We want children to experience more risk in their lives so that their horizons can be widened. A consequence of this is that more children will be injured and more will be killed. However accidents happen and there are limits to the lengths which we are prepared to go to prevent them. When accidents do happen we are not going to take local authorities, head teachers or individual teachers through the courts unless there is evidence of gross negligence on their parts. Parents and the media will have to accept this. Those who don't like it should refuse to give consent for their children to go on school trips.
johnmurray  
#14 Posted : 03 July 2011 18:52:01(UTC)
Rank: Super forum user
johnmurray

The above document just sets-out what H&S has been about for quite a while. No change, just simpler. I assume by "we" you mean parents. Unfortunately money speaks louder than goodwill. I await the inevitable court cases.
boblewis  
#15 Posted : 04 July 2011 09:54:58(UTC)
Rank: Super forum user
boblewis

The real problem for Education is that the training for risk assessment has in my view been pretty poor and the need for dynamic assessment has been almost ignored totally. Just because the Head has a piece of paper in the office does not mean that it can be followed without further consideration. I did look at this problem some years ago and the response was that as long as guidelines are followed we do not need anything else. At Bolton Abbey common sense would have said "do not enter or approach a river in full flood!" but they chose too even when other teachers with other groups of pupils decided not to do so. Had this teacher had it so hammered in that the RA could not be changed? With other groups we find other mentalities - some are trying to avoid legal suits, some are just plain jobsworth and others are simply overpaid staff who have been given a safety title in their job and no real education to the role or duties. Bob
Phil Grace  
#16 Posted : 04 July 2011 10:39:28(UTC)
Rank: Super forum user
Phil Grace

Interesting that the newly published 8 pages of guidance on managing safety/risk in schools makes reference to the use of external providers and states that - where appropriate - they should hold a licence under the terms of the Adventure Activities Licensing Regulations. Shame that the writer(s) seem unaware that Lord Young suggested that the AAL Regs should be repealed and the AAL Authority be scrapped...!!! Phil
Ron Hunter  
#17 Posted : 04 July 2011 11:46:33(UTC)
Rank: Super forum user
Ron Hunter

Just to clarify my previous post: The tinkering with Education Guidance aside (which the DfES were well capable of dealing with themselves) aside, my concern is that the very limited resouces of the HSE Inspectorate might be mobilised to identify and pursue these "jobsworths" as opposed to implementing preventative strategies and enforcement associated with work-related death, serious injury and ill-health. The "gloves" may well be "off". But are the mittens being put on instead? Of course there are "jobsworths" out there, and there probably always will be. There are also employers out there paying no regard at all to the health and safety of their employees. Wither focus?
Haines40637  
#18 Posted : 04 July 2011 12:11:56(UTC)
Rank: Forum user
Haines40637

So HSE are saying you do not need a risk assessment for taking a large group of children to the museum or swimming, but you do need one if the same group are in a classroom!!!(i.e, their classroom risk assessment). Uhmmm which is the higher risk!! HSE have lost the plot. The fact that the document went out to the media first and did not appear on the D of E site until today tells its own story, they wanted to get the right media spin on this. Making statements like risk assessments should only be written in exceptional circumstances now changes the requirements of the Management Regs!!
jay  
#19 Posted : 04 July 2011 12:44:23(UTC)
Rank: Super forum user
jay

The guidance was on the Department for Education website on Friday, but not signposted as such. The previous guidance was precisely that, "Guidance", but some users have taken it more prescriptively than it required. Even with the previous guidance, it need not have resulted on complex risk assessments. Alas, "detailed guidance" can be a double edged sword, as doing something different or not at all requires judgement and standing by the decisions when things go wrong. Only if the government had carried out a better/robust investigation into why --the most likely reason would have been fear of being sued, being blamed by some parents totally out of proportion to some minor injuries during field trips, and just because of some cases, a fear of HSE emnforcement action.
Graham Bullough  
#20 Posted : 04 July 2011 19:03:15(UTC)
Rank: Super forum user
Graham Bullough

Bob Lewis - Bolton Abbey?! - Though members of the public have drowned in various incidents involving the River Wharfe near Bolton Abbey over the years, I'm not aware of any involving schools or other organised groups. Unless I'm wholly unaware of a very recent tragedy there, I guess you mean the Stainforth Beck tragedy in Oct 2000 in which two pupils from a secondary school in Leeds were swept away during a planned "river walk" near Stainforth in Ribblesdale, one of the Yorkshire Dales. One of the galling aspects of the tragedy is that apparently some pupils in the group had expressed concern beforehand to their teachers about the wisdom of walking in the beck (stream) as planned because it had become very swollen and fast-flowing after prolonged heavy rain. Most forum users will also have heard of the Glenridding Beck tragedy which occurred near Ullswater in the Lake District in May 2002. It also involved a large stream which had become swollen and fast flowing through prolonged heavy rain, and thus unsafe for a school group's planned activity of jumping into one of its large mountain pools. It is sad to note that this tragedy occurred only several months after the inquest into the Stainforth Beck tragedy which received considerable publicity, and thus ought to have left leaders of school groups generally with a much respect for activities involving water in wild terrain. Also I wonder if you are being provocative in asserting that "The real problem for Education is that the training for risk assessment has in my view been pretty poor and the need for dynamic assessment has been almost ignored totally." I can't speak for other local authorities, but think that headteachers and others who work for my employer's schools get reasonable training and guidance in risk assessment, including dynamic or "on the hoof" risk assessment. The two tragedies mentioned above are used as good examples of situations where dynamic risk assessment was desperately needed. Moreover, if the leaders involved had considered that the becks involved were unsafe, they could also have used the situations as opportunities to educate their pupils in the wider sense, i.e. through discussions as to why the planned activities were being abandoned or postponed until a later date when conditions were suitable again. It would be interesting to learn from other forum users involved with training headteachers and others from schools how they tackle the themes of risk assessment and dynamic risk assessment. While on the theme of schools and education it's appropriate to add that it seems that schools are very influenced by their perception and also direct experience of the blame & claim culture which pervades the UK. Some claims arise from situations where negligence has occurred and thus are justifiable. However, it seems that many are not. Even though spurious claims are not successful (and rightly so), they still take up considerable scarce time and other resources from schools and local authorities - and ultimately from all of us as taxpayers! Another factor which can influence schools regarding various types of off-site activities and trips is fear of adverse media publicity. If journalists learn about even minor things going wrong on a school trip, they tend publicise them. It seems that most pupils possess mobile phones so can readily tell parents and friends, some of whom will contact the media. If there are photos or video clips available via said mobile phones, all the better for some journalists to use to weave a good juicy story with scant regard for the truth! My view is that the vast majority of school trips and off-site activities are well-planned and led, and play a valuable part in educational, personal and social development. Furthermore, the pupils on them are almost certainly at less risk than when on family holidays or with their friends.
RayRapp  
#21 Posted : 04 July 2011 19:57:04(UTC)
Rank: Super forum user
RayRapp

Thankfully I do not get involved in schools or head teachers, but I can't help thinking the terms risk assessment or dynamic risk assessment are used too frequently and should be replaced by 'good judgement' or dare I say - common sense. I appreciate the terms may be used interchangeably, but surely, talking in a language teachers are more familiar with might produce some clarity. Sometimes I feel that practitioners use RAs or DRAs as if they are some sort of esoteric science. Substituting 'on the hoof' DRAs with making an informed decision due to a change in circumstances or the environment sounds so much better from a layman's perspective. Just a thought. Ray
boblewis  
#22 Posted : 04 July 2011 20:43:24(UTC)
Rank: Super forum user
boblewis

Graham Apologies if an ancient memory is at fault :-) Ray If only common sense worked!! It does not and some form of systematisation has to take place to achieve standardisation of answers to change BOB
Graham Bullough  
#23 Posted : 05 July 2011 11:38:39(UTC)
Rank: Super forum user
Graham Bullough

Bob - no problem. As a fiftysomething my memory is also getting ancient and prone to senior.........er....um....moments. It's also partly why my contributions to this forum contain plenty of words like 'seem' and 'apparently'. Ray - I hope that only a small minority of OS&H people portray RAs and DRAs as complex and specialist topics. My colleagues and I, and hopefully most other OS&H practitioners, strive to demystify them. For example at the start of training sessions about RAs, we tend to ask trainees to indicate if they drove or walked to the training venue, and then explain that each method almost certainly involved a series of RAs e.g. deciding when safe to drive out of a junction or cross a road, even though they probably wouldn't have thought of their assessments and decisions as RAs. Also, the fact that the trainees had arrived safely indicated that their travelling RAs were very effective. As for terminology, we use expressions and words of the sort you suggest in order to convey the principles and practical application of RA and DRA to headteachers, etc and stimulate discussion and understanding. Surely it's essential for all situations that OS&H practitioners use language which can be understood by the people they are advising or training, etc. Also, it may surprise some forum users to learn that my colleagues and I rarely ever provide RAs for our employer's managers and supervisors. However, as well as providing formal guidance and training we are always happy to discuss specific issues and problems with such people - and suggest solutions, but ultimately they, as line managers, are responsible for their RAs AND, of course, the taking of related action/s as appropriate. That's another point we stress - identifying and taking appropriate action/s are the most important elements of RAs - not making records. As for DRAs - alias 'on the spot decisions' - making records at the time is simply not required and usually impracticable as well. However, for various reasons, it is often appropriate to later discuss the circumstances involved with line managers and colleagues.
RayRapp  
#24 Posted : 05 July 2011 17:31:15(UTC)
Rank: Super forum user
RayRapp

Graham, thanks for conveying that information - makes sense to me.
cliveg  
#25 Posted : 05 July 2011 17:49:26(UTC)
Rank: Forum user
cliveg

At risk of straying off Redken's original post, it does seem that in certain sectors the term DRA is used to shunt the responsibility for a decision downhill to the frontline, and what DRA really means is 'make it up as you go along'. Surely a DRA should be drawing on a bank of pre-determined options from a well written risk assessment, and using the ones best suited to the specific situation? I think this is the way the Fire Brigade operates. As for recording, operational decisions can be made quite quickly in scene logs, and are required for major incidents. However, I can't see that they will or should apply to the average school trip!
NigelB  
#26 Posted : 05 July 2011 18:05:32(UTC)
Rank: Forum user
NigelB

Yes Ken the gloves are off and it is discouraging to see what it means. In early June, 4 people were killed and one seriously injured in the Chevron oil refinery explosion in Wales. The explosion was noted on the day by the news media and then little has been heard from them since. The HSE released a safety alert indicating relevant organisations should check tank cleaning procedures. While the outcome of the investigation remains to be seen, the dangers of cleaning tanks in major hazard sites are not new. Thank goodness the HSE proactive inspections will not be cut for such sites. By the 28th June HSE Chair Judith Hackitt was expressing her ‘disappointment’ that fatal injuries to workers had increased since last year in the midst of a recession. Commenting on the same figures: ‘Richard Jones, head of policy and public affairs at the Institution of Occupational Safety and Health, told the Press Association: “This is a shock. In times of recession, there is usually a drop in accidents and fatalities because fewer people are working.”’ I cannot recall any statement from Mr Grayling the Minister responsible for health and safety at work nor were there any on the DWP press release list. Over the weekend both Judith Hackitt and Minister Chris Grayling were interviewed in the leading story on the television news: and the big story? Work related fatal injuries increasing or what is to be done about the HSE estimated 12,000 deaths per year through occupational diseases and ill health or why is it 60% of employees [HSE estimate] are not consulted by their employer when they should be and what are the Government going to do about it? No. 150 pages of guidance on planning trips outside school have been replaced by 8 pages for teachers. All to address an illusionary problem: what the DWP calls a myth. Wow - I presume this is what the Government means when they say they are freeing up HSE resources – ie cutting them by 35% - to ‘ease the burden on business’. How times change. When I was in education all those many decades ago schools weren't seen as entrepreneurial businesses. I note that the Department of Education has still kept the old guidance on its site. Quite useful if a teacher does not have sufficient information out of the new, super reduced key point outline simple summary guidance to plan a trip. However as Graham has indicated it seems to me that each year huge numbers of out of school activity goes on without incident with teachers coping with the Red Tape and keeping their children safe. Maybe this new guidance is just the inspirational move needed to provide an apparent minority of teachers with good quality training that allows them to discharge their duty in an effective manner. If increasing amounts of time are going to be spent rebutting Daily Mail et al inspired myths what about the problems causing greatest damage? Cheers. Nigel
RayRapp  
#27 Posted : 05 July 2011 20:33:28(UTC)
Rank: Super forum user
RayRapp

Nice posts by Clive and Nigel. Although Graham was at pains to say he tries to demystify the RA process, not doubting him for one moment, I'm not so sure others follow his lead. I know when I have mentioned RAs to operational managers they often tend to glaze over, I suspect teachers are the same. Nigel has hit the nail on the head, RAs should not be used for all and sundry. A simple school trip to the archetypal museum should not require a detailed analysis. More complex scenarios such as an outward bound course (do they still call them that?) will require more detail and possibly an RA. As for DRAs or whatever you want to call the process, one would like to think that educated teachers would have enough nous to appreciate that changing circumstances require some extra thought. Nigel, with regards to the increase in workplace fatalities by government departments and ministers - the silence is deafening!
cliveg  
#28 Posted : 05 July 2011 21:10:04(UTC)
Rank: Forum user
cliveg

Well said Nigel - its enough to make you weep!
boblewis  
#29 Posted : 06 July 2011 07:52:58(UTC)
Rank: Super forum user
boblewis

Cliveg I think you and I see DRA in different ways. The Fire Brigade methodology is too restrictive for me to be described as Dynamic and still is actually a Task Risk Assessment prepared before the job starts. To me DRA is about a continuing and ongoing assessment as the task proceeds and as such can only be done by the person at the time of DOING the work and throughout the task. The questions have to be "What is changing? Is it what I expected? Has it elevated risk level? What can I do to control any increase in risk?" Far too many relate DRA to simply doing a RA before starting to do the task. Bob
walker  
#30 Posted : 06 July 2011 09:24:25(UTC)
Rank: Super forum user
walker

"Miss Hackitt said the “gloves are off” and her organisation would target officials or employers who wrongly used health and safety to stop everyday activities." I'd prefer a headline that says: "Miss Hackitt said the “gloves are off” and her organisation would target officials or employers whose illegal activities kill & maim"
cliveg  
#31 Posted : 06 July 2011 18:32:44(UTC)
Rank: Forum user
cliveg

Hello Bob, No, our views are actually compatible. As you say DRAs should be continually reviewed as the situation develops, rather than being a one-off process. The options should if possible still be drawn from pre-existing risk assessments as very few incidents are entirely unique. However, there is always the possibility of a truly unique set of circumstances arising, and in those circumstances the ingenuity & flexibility of those involved comes into play, and hopefully the lessons learnt will be added to the overall risk assessments.
johnmurray  
#32 Posted : 06 July 2011 19:57:54(UTC)
Rank: Super forum user
johnmurray

redken  
#33 Posted : 08 July 2011 11:55:16(UTC)
Rank: Super forum user
redken

cliveg wrote:
At risk of straying off Redken's original post,
I don't mind but before this thread runs out I would like to highlight this part of the post from Al: "By its complete failure to provide clear guidance on Reg 3 of MHSWR in the years following its coming into force in 1993, the HSE allowed a perception to develop that written risk assessment was required for almost all activities. When it eventually did intervene about 10 years later it was too late - the damage had been done. " Also it struck me one once again in reading the new HSE explanatory note on "striking the balance" that whereas Section 2 HSWA does not mention safety risk for employees, Section 3 actually says that employers must conduct their undertaking in such away as to ensure that non employees are NOT EXPOSED to risks to their health and safety. Perhaps it is also the lack of guidance in this area that is another root of the problem. At face value this means that if your undertaking is to organise a conkers contest then you have to ensure that the participants are not exposed to risks!
cliveg  
#34 Posted : 08 July 2011 18:49:23(UTC)
Rank: Forum user
cliveg

Hello Redken - apologies & to get back to the point! You are right, S.3 doesn't get much of a mention in Striking the balance guidance. A difficult area is how far should the Emergency Services go to avoid the public getting 'caught in the cross fire', and there is no mention of this in the guidance. Control rooms and operational commanders have to decide whether 'Blue light runs' are justified, but these can and do put road-using public at risk. Police Pursuits are even more risky. There may well be a clear understanding that risks to the public have to be justified, but I would suggest there is little understanding of S.3 & the new guidance does not add to it.
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