Rank: Forum user
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Hi all,
Well i've been trying to set up a small bussiness for myself ( Not H&S related). I now agree with David Cameron that there is too much red tape invoved in trying to get a small bussiness off the ground.
Howerver I have not come aross any H&S redtape.....it's all been about VAT, licensing, dealing with banks, insurance compnies.... no mention of H&S from anyone.
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Rank: Super forum user
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Given their track record surely dealing with banks should be preceded by a risk assessment...
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Rank: Super forum user
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Rank: Super forum user
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It is quite obvious that small businesses do not need to have health and safety procedures in place from the non-compliance I have witnessed. Indeed, you do need to have tax, licensing, insurance, etc.
Even when the local EHO comes calling, he will first send you a list of policies and procedures they wish to inspect - how thoughtful of them. If you don't have them, no worries, you will have enough time to slap something together or as a last resort you can engage a practitioner.
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Rank: Forum user
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Ray,
You must have some very helpful EHOs in your area of work! I am a Local Authority health and safety inspector and can assure you that neither I nor any of my colleagues (and so far as I am aware none of the inspectors from the surrounding authorities) will make contact with businesses prior to a proactive inspection visit, preferring to see the activities undertaken on site 'for real'.
I do have to say that a number of businesses are somewhat unhappy with this, wanting an appointment to be made, but that is certainly not the approach we would take.
Steve Mills
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Rank: Forum user
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Ray, when I previously worked on the enforcement side of things I, like Steve above, did not send prior warning - I would just turn up.
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Rank: Super forum user
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Well I could not say this is common practice but, when a relative asked me to help recently by providing some documents for a EHO visit I responded with - how do you know what documents you want? They replied that the EHO had provided a list of documents they want to inspect. Admittedly this is a small low risk type company. So, there you have it guys.
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Rank: Forum user
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My experience with our local EHO was similar to that described by Ray, abeit the visit was waste / emissions compliance rather than H&S.
The EHO was most helpful detailing exactly what he wanted to see (fortunate as I had been in post only a couple of months). With the forewarning to pull together the information required from a number of fragmented sources, saving both his and my time on the the day and the visit whetwell. On top of that he offered me lots of good advice regarding a planned move we were preparing for (very timely as the requirements for new systems were more stringent than the older systems we then had).
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Rank: Guest
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Two of my clients have had similar expriences to those outlined by Ray Rapp & JonB -EHO providing a list of documents they wanted to see. Additionally they outlined what areas and issues of the business they wanted to look at.
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Rank: Super forum user
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In March, four months ago I was asked to assist a hairdresser with her safety documents including risk assessments, COSHH, fire risk assessment, safety policy etc. This came about following a visit from a EHO who provided a list of required docs.
I did the RAs, began the COSHH with help from this forum, and started the FRA but it is still unfinished.
The EHO has not been back to see the docs since the initial visit so the hairdresser is still in non compliance. Who cares?
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Rank: Super forum user
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I'm responsible for buildings throughout the country and I have to say that most authorites let us know in advance.
However, had an EHO, FSO and HSE inspector turn up together at one site for a random, non-reactive visit. I had half a mind to give them a piece of my mind when I found out (I'm guessing the EA inspector and the Grim Reaper himself happened to be off that day). It's no wonder the manager didn't end up drooling and rocking back forth in corner of the room!
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Rank: Forum user
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Chris, What do you mean by who cares?
EHOs care.
It is standard practice to send an warning letter following a visit and the letter will state what documents/ physical changes are needed for compliance.
You said that you have carried out the RA's and a COSHH assessment so why would the hairdressers still be non compliant.
The EHO will be back at some point but they are busy people you know!
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Rank: Super forum user
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Being a sole trader now I don't suffer the enforcers visiting my facility, because I don't have one, however when I have been employed in the past as H&S manager or whatever the title was, I always welcomed these people into my workplace as I never had anything to hide. In fact I would invite the fire officer in to see my marvellous procedures and records and invite him to suggest any improvements.
Whenever the HSE Inspector turned up everyone else started to shake and panic but I was always rather relaxed about it. I found I could learn from them.
IMO if you show fear of these people, in whatever form they will begin to smell a rat and dig deeper until they find something.
I find they are human beings with a job to do and I just try to assist in whatever way I can. No contempt.
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Rank: Super forum user
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Dazzling Puddock wrote:Chris, What do you mean by who cares?
EHOs care.
It is standard practice to send an warning letter following a visit and the letter will state what documents/ physical changes are needed for compliance.
You said that you have carried out the RA's and a COSHH assessment so why would the hairdressers still be non compliant.
The EHO will be back at some point but they are busy people you know!
Yes I know they care but they have not been back to check the work has been done. The hairdresser is non compliant because I have not issued the documents because they seem uninterested now and have not been in contact with me.
I'm sure once the EHO gets back to see her there will be a different urgency on my completeing.
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Rank: Forum user
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Chris,
Did the EHO say that s/he would be back to check, ask for confirmation the requirements had been met, or ask for copies of documentation to be provided? To not return if the former is not good. However, most authorities will not complete revisits to 100% of premises inspected, and now that the Government have decided that enforcement visits should be reduced by some 30+% the number of visits and revisits is likely to plummet.
Self regulation appears to be what a number of people want to see in health and safety, but what with the current hoo-hah about newspapers 'phone hacking' and all, and Parliaments expenses scandals, self regulation does not seem to be working - but of course it will in health and safety matters!
Steve Mills
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Rank: Super forum user
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She had three weeks to get the work done by the end of March, no re-visit yet?
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Rank: Forum user
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I understand that there are over 400 Local Authorities in Great Britain that will enforce health and safety laws. According to figures from the HSE website in 2009/10 LAs:
were responsible for 1,131,000 premises
had 3,170 inspectors equating to 1,050 full time equivalent staff.
So if we assume the full time staff equivalent, each inspector – on average – will cover about 1,077 premises. These are supposed to be the smaller ‘lower risk’ type organisations that Minister Chris Grayling is so concerned about being smothered by health and safety Red Tape, following David Young’s Report.
In 2009/10 LA Inspectors issued 1,380 Prohibition Notices and 4,680 Improvement Notices.
So.
1 It seems likely that with 400 odd different LAs there may be some inconsistency of approach, given the different respective authority’s priorities, local policies, resources available, importance given to health and safety, differences between individual inspectors etc etc.
2 For a supposedly ‘low risk’ set of workplaces to cover, there seems to be a remarkable amount of enforcement action where the inspectors believe that workers lives are being put at serious risk.
3 As with the HSE the new Government approach is ‘encouraging’ LA inspectors to do less ‘proactive’ inspections and more ‘reactive’ ones. As far as I can detect this means waiting till something goes wrong and unleashing the wroth of the enforcement system – with suitable £133.00 an hour fees perhaps – onto the ‘rogue’ organisation.
By moving onto a ‘reactive’ footing maybe the Government want organisations such as the banks – intermediaries – to advise small businesses about health and safety. They could put the new simple to follow health and safety guidance for small businesses onto their simple to follow contracts for setting up loans and other easy to read financial documentation.
Oh hang on they tried that in the 1980s when David Young had his first go at deregulation. Apparently, it didn’t work.
Cheers.
Nigel
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Rank: Super forum user
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MikeC #2:
Thanks for sharing and help strike a proper balance on this misconception of the "health and safety regulatory burden".
Starting and running a new business is hard going, and I'm sure you're aware that newer businesses are particularly vulnerable in the first few years.
Whilst you may not have been thusfar "burdened" by H&S matters I would urge you to consider the risks arising from your venture which make your enterprise vulnerable - and this will include some manner of health or safety risk.
The industry and sector specific guidance on HSE website is a good starting point, and if you are enforced by a LA, then some of the more enlightened ones will offer you free advice and support.
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