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Garfield Esq  
#1 Posted : 20 April 2012 16:08:30(UTC)
Rank: Super forum user
Garfield Esq

In an attempt to negate some of the downright shocking HS&E System 'guidance for cash' I see every week, I am considering setting of a 'Free Advice Website' for Company's with 1-25 employees. There would have to be a bomb proof disclaimer. The 'company' would specialise in the 'Effective Implementation and Operation' of 18001 / 14001 Systems. Your views would be welcome... Rationale: Fed up of seeing Consultants charge ££££s for over-engineered nonsense. Hornets nest syndrome perhaps but something has to be done, doesn't it? The Smiling Cat.
Safety Smurf  
#2 Posted : 20 April 2012 16:17:12(UTC)
Rank: Super forum user
Safety Smurf

Hi Garfield, It's a very admirable notion however I suspect it would be open to abuse. What would stop someone setting up a business as a one man operation and selling what you have given freely for half the price charged by over-priced, overly detailed solutions you refer to.
mike52  
#3 Posted : 20 April 2012 16:17:20(UTC)
Rank: Forum user
mike52

Hi Garfield I may sound a bit naive, but how do you create a "bomb proof disclaimer". Surely if you are offering professional advice free or not, if there is an incident based on that advice there may be come back on your advice. Regards Mike
Tomkins26432  
#4 Posted : 20 April 2012 16:22:04(UTC)
Rank: Forum user
Tomkins26432

Free advice ? I'm a H&S Advisor and often need to find detail or H&S info outside my area of knowledge. I look on HSE website or IOSH and sometimes ask on this forum, all free. The info and advice is relatively easy to find it's asking the right question that is difficult. I suspect some of these 'off-the-shelf' type products sold to businesses for huge ££££ are bought by people who can't ask the right question in the first place.
PH2  
#5 Posted : 20 April 2012 16:24:53(UTC)
Rank: Super forum user
PH2

In Northern Ireland the local HSE organisation (HSENI), has already set up a free consultancy service for small businesses. http://www.healthandsafetyworksni.gov.uk/
JJ Prendergast  
#6 Posted : 20 April 2012 16:28:19(UTC)
Rank: Super forum user
JJ Prendergast

Doesn't the HSE website already do this? What other profession would give away so much free information. No commercial acumen .... so you also propose putting lots of people who work in H&S out of work, if it truly was a sucessful venture. Commercial organisations make, sell, provide chargeable services and products Reputable commercial organisations accept that they have to comply with the law of the land - whether that be accountancy requirements, product liability etc etc - for which they pay other reputable services. If a company can't undertake an activity for themselves to ensure legal compliance - then they have to pay for that service - in this case h&s advice/services. Its called the economy and its how capitalism works! Ridiculous proposal.
Garfield Esq  
#7 Posted : 20 April 2012 16:34:48(UTC)
Rank: Super forum user
Garfield Esq

quote=mike52]Hi Garfield I may sound a bit naive, but how do you create a "bomb proof disclaimer". Surely if you are offering professional advice free or not, if there is an incident based on that advice there may be come back on your advice. Regards Mike
I have been advised by a lawyer that a disclaimer would be effective, however PI would be a serious consideration, if not certainty. Maybe even a need for a Limited Company... In regard to the plethora of guidance already out there - It is the 'Effective Implementation' of that guidance that I would be offering, based on my own professional competency and experience. There is too much time being spent on over-engineered methods of complying with these standards, believe me! I would be targeting known specific geographical locations in the UK to trial the model so chance of abuse would be limited.
Garfield Esq  
#8 Posted : 20 April 2012 16:42:13(UTC)
Rank: Super forum user
Garfield Esq

quote=JJ Prendergast]Doesn't the HSE website already do this? What other profession would give away so much free information. No commercial acumen .... so you also propose putting lots of people who work in H&S out of work, if it truly was a successful venture. Commercial organisations make, sell, provide chargeable services and products Reputable commercial organisations accept that they have to comply with the law of the land - whether that be accountancy requirements, product liability etc etc - for which they pay other reputable services. If a company can't undertake an activity for themselves to ensure legal compliance - then they have to pay for that service - in this case h&s advice/services. Its called the economy and its how capitalism works! Ridiculous proposal.
Are charitable organisations and trusts ridiculous? I have spent years making money and now want to try and share my experience for the greater good. There is a subtle difference between making a fair profit and profiteering at a small company's expense.
JJ Prendergast  
#9 Posted : 20 April 2012 16:47:06(UTC)
Rank: Super forum user
JJ Prendergast

Even charities and other such organiations pay for services when they have to
Garfield Esq  
#10 Posted : 20 April 2012 16:53:06(UTC)
Rank: Super forum user
Garfield Esq

JJ Prendergast wrote:
Even charities and other such organiations pay for services when they have to
The analogy was I would be the charity!
Tomkins26432  
#11 Posted : 20 April 2012 16:54:33(UTC)
Rank: Forum user
Tomkins26432

Hello garfield....why try to help businesses free? You mention charities and trusts? I work for a charity (wildlife Trusts) and help a number of others free of charge, both H&S and fundraising. There is a real need for high quality accessible, business specific H&S advice in the charitable sector. Many of your local charities could use your help if you have time.
Garfield Esq  
#12 Posted : 20 April 2012 17:00:58(UTC)
Rank: Super forum user
Garfield Esq

Tomkins26432 wrote:
Hello garfield....why try to help businesses free? You mention charities and trusts? I work for a charity (wildlife Trusts) and help a number of others free of charge, both H&S and fundraising. There is a real need for high quality accessible, business specific H&S advice in the charitable sector. Many of your local charities could use your help if you have time.
Yes, that maybe a more moderate approach...I am a reasonable cat :-) Just an idea at present...
JJ Prendergast  
#13 Posted : 20 April 2012 17:26:43(UTC)
Rank: Super forum user
JJ Prendergast

garfield esq wrote:
In an attempt to negate some of the downright shocking HS&E System 'guidance for cash' I see every week, I am considering setting of a 'Free Advice Website' for Company's with 1-25 employees. There would have to be a bomb proof disclaimer. The 'company' would specialise in the 'Effective Implementation and Operation' of 18001 / 14001 Systems. Your views would be welcome... Rationale: Fed up of seeing Consultants charge ££££s for over-engineered nonsense. Hornets nest syndrome perhaps but something has to be done, doesn't it? The Smiling Cat.
JJ Prendergast  
#14 Posted : 20 April 2012 17:28:13(UTC)
Rank: Super forum user
JJ Prendergast

Finger trouble Your original post only mentions commercial companies '1-25 employees' No issue with helping genuine small charities
Tomkins26432  
#15 Posted : 20 April 2012 19:25:24(UTC)
Rank: Forum user
Tomkins26432

Hello again garfield In seriousness, if you did feel the need to help charities and the environmental sector takes your fancy drop me an email, I'm sure your input would be welcome. k.tomkins@staffs-wildlife.org.uk
Garfield Esq  
#16 Posted : 20 April 2012 21:07:32(UTC)
Rank: Super forum user
Garfield Esq

JJ Prendergast wrote:
Finger trouble Your original post only mentions commercial companies '1-25 employees' No issue with helping genuine small charities
To be fair to me JJ. Mr original post requested 'your views' and used words such as 'considering' - The idea of work for charity was suggested which I thought was good. I still may pursue either one or both...
boblewis  
#17 Posted : 20 April 2012 21:13:34(UTC)
Rank: Super forum user
boblewis

Free work still attracts Pi insurance. Remember also the old director adage - A consultant is best measured by the amount they charge. The higher the hourly rate the better they must be and the more I must listen to them. Bob
JJ Prendergast  
#18 Posted : 21 April 2012 00:55:14(UTC)
Rank: Super forum user
JJ Prendergast

garfield esq wrote:
In an attempt to negate some of the downright shocking HS&E System 'guidance for cash' I see every week, I am considering setting of a 'Free Advice Website' for Company's with 1-25 employees. There would have to be a bomb proof disclaimer. The 'company' would specialise in the 'Effective Implementation and Operation' of 18001 / 14001 Systems. Your views would be welcome... Rationale: Fed up of seeing Consultants charge ££££s for over-engineered nonsense. Hornets nest syndrome perhaps but something has to be done, doesn't it? The Smiling Cat.
SO where in your original post do you talk about charities??
Garfield Esq  
#19 Posted : 21 April 2012 11:27:20(UTC)
Rank: Super forum user
Garfield Esq

JJ Prendergast wrote:
garfield esq wrote:
In an attempt to negate some of the downright shocking HS&E System 'guidance for cash' I see every week, I am considering setting of a 'Free Advice Website' for Company's with 1-25 employees. There would have to be a bomb proof disclaimer. The 'company' would specialise in the 'Effective Implementation and Operation' of 18001 / 14001 Systems. Your views would be welcome... Rationale: Fed up of seeing Consultants charge ££££s for over-engineered nonsense. Hornets nest syndrome perhaps but something has to be done, doesn't it? The Smiling Cat.
SO where in your original post do you talk about charities??
JJ and once again for the final time. "To be fair to me JJ. Mr original post requested 'your views' and used words such as 'considering' - The idea of work for charity was suggested which I thought was {a good idea by fellow poster}. I still may pursue either one or both..." Bob Lewis, PI (oh yes!) However, based on objective evidence I have gathered over a 12 month period, I have come to the very real a conclusion that the cost of service certainly does not guarantee quality of service. "and when he saw the man who had been robbed, his heart was filled with pity" Garfield the Cat :-)
Garfield Esq  
#20 Posted : 21 April 2012 11:30:44(UTC)
Rank: Super forum user
Garfield Esq

Tomkins26432 wrote:
Hello again garfield In seriousness, if you did feel the need to help charities and the environmental sector takes your fancy drop me an email, I'm sure your input would be welcome. k.tomkins@staffs-wildlife.org.uk
My area is setting up effective systems which do not burden organisations if that would be of help... G
boblewis  
#21 Posted : 21 April 2012 12:47:45(UTC)
Rank: Super forum user
boblewis

Garfield I did say directors adage and it is hard to shift - no matter what you think about value they think as I have described most of the time without great persuasion being applied. Free info is just that - something not worth paying for. Bob
Garfield Esq  
#22 Posted : 21 April 2012 13:11:29(UTC)
Rank: Super forum user
Garfield Esq

boblewis wrote:
Garfield I did say directors adage and it is hard to shift - no matter what you think about value they think as I have described most of the time without great persuasion being applied. Free info is just that - something not worth paying for. Bob
Bob, the one thing I have learned in life is that everyone appears to consider their opinion as fact, that's my opinion anyway. Have a good weekend. Garfield the Cat
Steve Granger  
#23 Posted : 21 April 2012 14:00:24(UTC)
Rank: Super forum user
Steve Granger

.... quote; 'I have been advised by a lawyer that a disclaimer would be effective'......... :<)) best one today - thanks
Garfield Esq  
#24 Posted : 21 April 2012 14:37:28(UTC)
Rank: Super forum user
Garfield Esq

Steve Granger wrote:
.... quote; 'I have been advised by a lawyer that a disclaimer would be effective'......... :<)) best one today - thanks
Oh there's more Steve. Quote verbatim from one of the largest and best known lawyers in Scotland... "If you provide a disclaimer [which is accepted] to the effect that you will not be liable in damages for losses arising from your advice then you should be able to rely on that. However, for extra protection you might want to consider the following: -setting up and trading as limited company in any event to ensure that your personal assets are kept separate from your business dealings; -Use attached Draft Indemity Cover Letter, which can be signed by the 'client'; From a liability point of view that would be a more sensible way of proceeding especially where you don't intend to charge fees in any event" From that and other correspondence (paid for thus 'worth something' then my way forward could be: 1/PI (already in place) 2/Disclamer and Indemity 3/Creating a Limited Company Example Disclamer: Disclaimer example already in use by a very well known H&S related org. XXXXXXXX Guidance is provided by XXXXXXX for general guidance on matters of interest. In making this guidance available to a general and diverse audience it is not possible to anticipate the requirements or the hazards of any particular subscriber's business. Users are therefore advised to carefully evaluate the contents and adapt the 'guidance' to suit the requirements of each situation or activity. XXXXXXX does not accept any liability whatsoever for injury, damage or other losses which may arise from reliance on this information and the use of these documents. Perhaps all of the above is nonsense??
Garfield Esq  
#25 Posted : 21 April 2012 14:54:45(UTC)
Rank: Super forum user
Garfield Esq

quote=garfield esq]
Steve Granger wrote:
.... quote; 'I have been advised by a lawyer that a disclaimer would be effective'......... :<)) best one today - thanks
Oh there's more Steve. Quote verbatim from one of the largest and best known lawyers in Scotland... "If you provide a disclaimer [which is accepted] to the effect that you will not be liable in damages for losses arising from your advice then you should be able to rely on that. However, for extra protection you might want to consider the following: -setting up and trading as limited company in any event to ensure that your personal assets are kept separate from your business dealings; -Use attached Draft Indemnity Cover Letter, which can be signed by the 'client'; From a liability point of view that would be a more sensible way of proceeding especially where you don't intend to charge fees in any event" From that and other correspondence (paid for thus 'worth something' then my way forward could be: 1/PI (already in place) 2/Disclaimer and Indemnity 3/Creating a Limited Company Example Disclaimer: example already in use by a very well known H&S related org. XXXXXXXX Guidance is provided by XXXXXXX for general guidance on matters of interest. In making this guidance available to a general and diverse audience it is not possible to anticipate the requirements or the hazards of any particular subscriber's business. Users are therefore advised to carefully evaluate the contents and adapt the 'guidance' to suit the requirements of each situation or activity. XXXXXXX does not accept any liability whatsoever for injury, damage or other losses which may arise from reliance on this information and the use of these documents. Perhaps all of the above is nonsense??
Does anyone have any objective evidence or knowledge of Disclaimers and/or Indemnity Cover Letters NOT being effective i.e. Successful prosecution of OHS Consultant because of advice provided? I seem to recall a consultant being involved in a prosecution last year??
Invictus  
#26 Posted : 21 April 2012 17:00:26(UTC)
Rank: Super forum user
Invictus

garfield esq wrote:
In an attempt to negate some of the downright shocking HS&E System 'guidance for cash' I see every week, I am considering setting of a 'Free Advice Website' for Company's with 1-25 employees. There would have to be a bomb proof disclaimer. The 'company' would specialise in the 'Effective Implementation and Operation' of 18001 / 14001 Systems. Your views would be welcome... Rationale: Fed up of seeing Consultants charge ££££s for over-engineered nonsense. Hornets nest syndrome perhaps but something has to be done, doesn't it? The Smiling Cat.
Isn't this another reason why the common sense approach won't work. Waste of time and energy if you want my opinion.
jay  
#27 Posted : 21 April 2012 19:24:32(UTC)
Rank: Super forum user
jay

Whereas simple advice & information could be provided freely by signposting authoritative sources, complex issues may require your time and in many cases knowing the situation first hand by visiting the site. In most cases, it is not the size of the organisation that determines the level of risk but the type of activities it undertakes.
RayRapp  
#28 Posted : 21 April 2012 23:48:44(UTC)
Rank: Super forum user
RayRapp

Garfield It is a noble gesture and to be sure, there is plenty of rubbish out there which people sell on to others. However, Bob has a good point, most free information is considered tat, charge handsomely for the same and the client is more likely to believe they have got something worthwhile. In truth, you could only do generic documentation unless you have loads of time on your hands. I would have thought a basic disclaimer would be fine. After all, it is up to the organisation (duty holder) to decide whether to use the documentation you have provided for free. Far too many people worry about being sued, it is as rare as rocking horse...
bob youel  
#29 Posted : 22 April 2012 09:38:39(UTC)
Rank: Super forum user
bob youel

why is it that we are the only profession that I know of where people within it advocate giving things away for free - as already said; if its free is it any good? Please lets get our business heads on
Seabee81  
#30 Posted : 22 April 2012 10:23:54(UTC)
Rank: Forum user
Seabee81

Garfield, What would be your motives for doing this? There are plenty of places where small business' can get HSE information for free. If they can interpret it and implement it themselves, then they will. If not they will pay someone who can. That is how business works. It's up to them to be able to distinguish if a consultant is charging too much for their services. They have the option to shop around. I would only see value in this if you were to offer a free service to say a very small charity like and MS therapy center for example, where there was only 5 volunteer staff for example. If you think there is a gap in the market for cheap HSE consultancy services then why not set up your own business and undercut them?
martinw  
#31 Posted : 22 April 2012 11:29:57(UTC)
Rank: Super forum user
martinw

Last time I was on here it was all about health and safety not how you can make a fast buck. Who cares what directors think in terms of the info they pay for? If they started getting good reliable info for free that would soon change and drive the sheisters who charge for duff advice out of business, and quite right too. 'Let's not get our business heads on' - what's that all about? When did we stop applauding H&S great ideas? One of the things in the legal world is pro bono work. Lawyers are not ridiculed for that. Next time I cannot think of the right word I will not pay someone to think of it for me, I will look in a dictionary or thesaurus, or use the web. Or I will find another free way to find it out before paying for it. In the Young One's terminology, specifically Neil's, how come everyone seems to have become breadheads?
Betta Spenden  
#32 Posted : 22 April 2012 12:01:26(UTC)
Rank: Super forum user
Betta Spenden

My gut feeling is that this post has been put out here as bait to encourage a rant and just stir up the blood pressures, maybe a bit of fun by the poster. All things being equal you will have to pay a lawyer for your so called “bullet proof” waiver, which until a precedence is set in your favour, does not currently exist. No matter what some so called legal expert allegedly says. Which brings me to my main point. When I deliver H/S, fire and environmental courses I always stress to the students that EVERYTHING cost. Even setting up to deliver free advice will cost something. Time, electricity, travel, ink, paper, the list goes on. There anit no thing as a free lunch. With due reference to my first paragraph, I recommend that this post be permitted to die and fade away and that my learned peers do not rise to it, as I will not rise again to it. Want free stuff? Google; Health and Safety for Beginners, IOSH, HSE. Best regards AKA. Capt. Truth.
pete48  
#33 Posted : 22 April 2012 14:14:31(UTC)
Rank: Super forum user
pete48

There is no doubt that it is an out of left field idea but if that is what you want to do then I say go ahead and do it. I don't, however, think it will make much difference to the world or significantly impact the issue that you have identified as the motivator for your plan. Similar stuff already exists and is not that well used. Small businesses are often looking for 'guaranteed coverage' to protect them rather than tools to achieve things themselves. So, it is the worth, perceived and actual, of your final product and its impact on the problem identified that would dissuade me from investing any resource on such an idea. On the other hand designing a useful process to assist small businesses and successfully marketing it would, without doubt, be more effective. A paradox maybe but a reality. In passing I would say that the question of disclaimers for websites is not as difficult as some suggest and I am sure could be sorted to a satisfactory conclusion without too much effort or cost. Just remember there will always be a residual risk in anything. Make sure you know what that risk is. good luck p48
JJ Prendergast  
#34 Posted : 22 April 2012 15:45:40(UTC)
Rank: Super forum user
JJ Prendergast

While researching something else, I came across an online site selling 'H&S compliance packs' for £38. Is that the value of competent safety advice? And people wonder why salaries are so poor in the world of general h&S. Even giving stuff away from free is still going to have to compete with that. Even small charities or whatever, can surely manage £38!
KevMac  
#35 Posted : 23 April 2012 14:24:05(UTC)
Rank: Forum user
KevMac

jay wrote:
Whereas simple advice & information could be provided freely by signposting authoritative sources, complex issues may require your time and in many cases knowing the situation first hand by visiting the site. In most cases, it is not the size of the organisation that determines the level of risk but the type of activities it undertakes.
I agree with Jay here. Businesses pay us for visiting them and providing insight applicable to their circumstances - they don't want to plough through tons of stuff, free or not. Very laudable sentiments, but the answer is not to compete with the rip-off merchants by offering it free, you compete with them by charging reasonable prices and giving them what they need instead.
NEE' ONIONS MATE!  
#36 Posted : 23 April 2012 17:37:30(UTC)
Rank: Forum user
NEE' ONIONS MATE!

If safety management was as truly simple as the regulators encourage us to believe it is, the small 1-25 employer shouldn't have to buy anybody in. The OP is correct in principle - it's a money making opportunity driven by far too much red tape regulation.
Zimmy  
#37 Posted : 23 April 2012 19:11:46(UTC)
Rank: Super forum user
Zimmy

For what it's worth, I offer free electrical/H&S advice to anyone who asks. If a charity should need a hand I'd be happy to help out. I've taken a look at some 'generic' risk assessments produced by a well known 'professional' company (who charged a small fortune for them). What a load of rubbish they are too.
Zimmy  
#38 Posted : 23 April 2012 19:19:57(UTC)
Rank: Super forum user
Zimmy

It seems to me that there are far too many clowns purporting to know H&S (electrical here chaps, so no comment on other stuff). They read from books and have no first-hand knowledge of electricity et al. The jobs advertised in the press for H&S advisers are few and far between in Wales and then the ask for chartered etc. As far as I can see, a lot of the advice given by these people to small firms is, quite honestly, pure rubbish. For me, I'll give electrical safety advice free for as long as I live. If I can help keep just one person from getting killed or hurt then I'm a happy lad. Failing that, gis a job :-)
RayRapp  
#39 Posted : 23 April 2012 21:21:14(UTC)
Rank: Super forum user
RayRapp

Health and safety as a rule is fairly simple...until things go wrong! Many of us are 'General Practitioners' and need a wide range of knowledge on different subjects and industries. Zimmy may be an expert on electronics, I'm not, but I know a man who is.
Garfield Esq  
#40 Posted : 23 April 2012 21:27:16(UTC)
Rank: Super forum user
Garfield Esq

quote=garfield esq]In an attempt to negate some of the downright shocking HS&E System 'guidance for cash' I see every week, I am considering setting of a 'Free Advice Website' for Company's with 1-25 employees. There would have to be a bomb proof disclaimer. The 'company' would specialise in the 'Effective Implementation and Operation' of 18001 / 14001 Systems. Your views would be welcome... Rationale: Fed up of seeing Consultants charge ££££s for over-engineered nonsense. Hornets nest syndrome perhaps but something has to be done, doesn't it? The Smiling Cat.
I think the person who said this post should die now is correct, however there has been some interesting comments and not all negative. The chap who suggested that the original post might have been some sort of red herring was not correct. I would really like to assist companies, or perhaps charities (if relevant) to stop wasting their valuable time creating registers of endless legislation (and lets not forget 'Other Requirements'!), burdensome audit plans and setting unfathomable 'objectives' to try and satisfy the requirements (as their consultant or over zealous HSEQSSSSEQQFFS Manager may see it) of OHSAS18001:2007. This standard can be very useful in many ways, but too many times 'systems' get block up with excessive paper trails (maybe I should be a free plumber!) Take it from me (or don't) this is unnecessary! OK maybe a free service is a 'no goer' for reasons given, we shall see. But that doesn't detract from the fact that there's many people 'out there' getting lost in a world of nonsense, when outside their window people are still getting hurt. My motive: Easy peasy. Dad died of a work related illness with an oxygen bottle next to his bed. Mother had to wait for several years for 'assistance' whilst the paper trail was exhausted. Perhaps Directors would take notice if they saw my credentials, or perhaps not. I am just so very fed up of seeing good people losing interest because of bad advice, paid for or not. Good night all and be careful out there... G
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