Rank: Forum user
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Rank: IOSH member
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Please refer to the News Release we have issued this morning entitled "Government announcement is misleading"; it can be viewed by clicking on the News item on the Home page of the IOSH web site.
Rob Strange OBE
Chief Executive
IOSH
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Rank: Super forum user
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The BBC have faithfully reproduced a cumulative account of this Government's portfolio of misinformation about health and safety regulation in this Country. It does seem that the Government position is entrenched, and every and any untruth will be used to win political points.
Are there too many of us you ask? I'm not sure how many of "us" there are, but if the Government of the day would have us believe that there are more than 3000 H&S Regulations, I wouldn't want to hazard a guess as to how many of "us" Messrs. Cable, Cameron and Clegg would quote!!!
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Rank: Super forum user
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They don't carry out routine inspections to low risk premises as it is...they don't carry them out for most high risk premises either!
Axing or changing 3000 pieces of legislation? I wonder what Europe would say about that!
As Ray rightly pointed out recently. Cutting burden on business......by introducing FFI???.
hmmmmmm......
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Rank: Super forum user
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Obviously there are too many of us. After all, just look this months SHP and you will no incidents of workers being injured or killed at work. Nor will you read about any incidents of work related ill-health. So H&S is just red tape and bureaucracy gone mad and it is holding this country back.
Is Monday too early in the week for cynicism?
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Rank: Super forum user
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Good the IOSH have reacted swiftly to try and curb this - thanks.
Its an uncomfortable time for the profession on the back of the economic climate also, there are more safety professionals looking for jobs than vacancies so there are too many in that respect but anymore than any other profession right now I doubt it.
There are so many mixed messages coming out from various sources - FFI's this has created concern - in my opinion may well create jobs in a strive for better compliance in some industries.
The governments push for larger companies to form Lead Authority Partnerships with LA's - then all of a sudden we see a disappearance of LA Regulators and a massive hush on the initiative.
We have institutions of learning pulling we established safety programmes - Nottingham Trent for one.
It may well be that its just another reinforcement that we have a completely inept Government that not got a clue.
Everyday it seems to be something else negative to read but crack on as somebody once said.
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Rank: Super forum user
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There's 200 codes of regulations and a lot more than 3000 regulations.
Breaking down the 3000
A few will be axed - mostly Norwegian Blue Parrot regulations or regulations which duplicate other requirements e.g. Construction (Head Protection) Regs.
Of those to be axed, most businesses will never have heard of them, and I've forgotten that they existed.
A lot of the 3000, e.g. relating to mining will be consolidated, i.e. "changed".
More spin than actual deregulation (again).
As regards this morning's nonsense. So you sell foodstuffs, such as hot and cold meat. You will still get inspected by the EHO for food safety reasons. Does Govt really think that it makes sense for the EHO not to look at H&S issues at the same time. At least one of our recent reviews has stated that the inspections should be combined (which of course for many local authorities has been the case for years).
...and these low risk pubs and shops. Would need to look it up, but what proportion of RIDDOR recordable slips, trips and falls, and manual handling accidents happen in such premises?
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Rank: Forum user
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Can anyone shed any light on the the bit about "only civil liability where negligent..."
I can cope ( just about) with the tort of negligence but does that mean withdrawing the direct civil liability from regs eg CDM and Client and no h and s plan before work commences?
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Rank: Super forum user
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Rank: Super forum user
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It would be useful if IOSH could request the DWP/DCLG Ministers to provide, under a FOI request, the proportion of these businesses that the HSE and Local Authorities actally inspect. It is a pity that despite the Lofstedt Review, there is so much spin and very little substance.
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Rank: Super forum user
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'The Government is planning to introduce legislation next month to ensure that businesses will only be held liable for civil damages in health and safety cases if they can be shown to have acted negligently. BIS said this would end a situation “where businesses can automatically be liable for damages even if they were not actually negligent”.'
No, I dont really understand the above. I cannot see how anyone can be held liable for damages if they were not negligent. It is for the courts to decide if someone is negligent, not the goverment. Are they inferring that civil liabilty of regulations will be discluded, ie a breach of statutory duty?
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Rank: Super forum user
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RayRapp wrote:'The Government is planning to introduce legislation next month to ensure that businesses will only be held liable for civil damages in health and safety cases if they can be shown to have acted negligently. BIS said this would end a situation “where businesses can automatically be liable for damages even if they were not actually negligent”.'
No, I don't really understand the above. I cannot see how anyone can be held liable for damages if they were not negligent. It is for the courts to decide if someone is negligent, not the goverment. Are they inferring that civil liability of regulations will be discluded, ie a breach of statutory duty?
Ray what form is this amendment due to take? Is it a bill or just a statutory instrument?
If I remember correctly when the Management of Health and Safety at Work Regulations were first introduced they were civil liability barred but following questions from the European Commission it was decided to permit individuals to sue under this legislation. You cannot sue for tort breach of duty under the Health and Safety at Work Act 1974 but that is because the general right to sue for common law negligence more or less cover the same ground.
Europe might involved in this.
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Rank: Guest
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I note the reference is to shops, offices, pubs and clubs. Environmental Health Officer stuff i think. This is also a further example of a goverment with scant regard for all the employees who work in shops, offices, pubs and clubs.
One thing I am pleased about I can now build that extension I was thinking about, with abandon as to any planning requirements. Mr Cameron and side kick Glegg will be happy as I am helping to get Britain moving again!
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Rank: IOSH Senior Management Team
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Rank: Forum user
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RayRapp wrote:'The Government is planning to introduce legislation next month to ensure that businesses will only be held liable for civil damages in health and safety cases if they can be shown to have acted negligently. BIS said this would end a situation “where businesses can automatically be liable for damages even if they were not actually negligent”.'
No, I dont really understand the above. I cannot see how anyone can be held liable for damages if they were not negligent. It is for the courts to decide if someone is negligent, not the goverment. Are they inferring that civil liabilty of regulations will be discluded, ie a breach of statutory duty?
It's smoke and mirrors, more empty statements that don't really mean a thing in real terms.
It could also be a clever play on words ('Yes Minister' anyone?), e.g. 'We're going to reduce the amount of workplace inspections undertaken by the HSE. Low risk workplaces such as shops, offices, etc...' So, when was the last time a shop or office had a routine/planned inspection by a HSE inspector? because I was under the impression that most of these fell under the LA/EHO's.
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Rank: Forum user
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No doubt others will disagree with be but all of the inspection regimes needs to be looked at, not just Health and Safety.
Before I retired, from HE, it was almost the case that we have some form of inspection almost every week and I list but a few of the inspectors who had to be accommodated..
HSE General Inspectors
HSE Ionising and non-Ionising Radiation Inspectors
HSE Bio Safety Inspectors
Environment Agency Waste inspectors
Environment Agency Radiation Inspectors
Local Authority Food Safety
Local Authority Housing Officers
Local Authority for Commercial Premises
Trading Standards
CTSAs
Home Office Animal Inspectors
Chemical Weapons Inspectors
Drug Precursor Inspections
Customs and Excise
Fire Brigade
Insurers
Liquor Licencing
I appreciate that not all were onsite inspections but there were still questionnaires and paper work to be processed by my office
What I have not listed are the numerous other inspections that areas such as Admissions, Registry, Estates Management etc which were also subject to.
The amount of paper generated has to be seen to be believed.
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Rank: Super forum user
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johnld wrote:No doubt others will disagree with be but all of the inspection regimes needs to be looked at, not just Health and Safety.
Before I retired, from HE, it was almost the case that we have some form of inspection almost every week and I list but a few of the inspectors who had to be accommodated..
HSE General Inspectors
HSE Ionising and non-Ionising Radiation Inspectors
HSE Bio Safety Inspectors
Environment Agency Waste inspectors
Environment Agency Radiation Inspectors
Local Authority Food Safety
Local Authority Housing Officers
Local Authority for Commercial Premises
Trading Standards
CTSAs
Home Office Animal Inspectors
Chemical Weapons Inspectors
Drug Precursor Inspections
Customs and Excise
Fire Brigade
Insurers
Liquor Licencing
I appreciate that not all were onsite inspections but there were still questionnaires and paper work to be processed by my office
What I have not listed are the numerous other inspections that areas such as Admissions, Registry, Estates Management etc which were also subject to.
The amount of paper generated has to be seen to be believed.
So which of those would you get rid of?
Some of the inspections you mentioned seem to be internal ones(Admissions, Registry, Estates Management etc). Getting rid of those is not in the remit of the government.
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Rank: Forum user
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To A Kurdziel
To pick up on some of your points
Firstly I did not say to get rid of any of them, what I did say was that all of the inspection regimes needs to be looked at. Perhaps I should have said is rationalised.
Admissions, Registry, Estates Management the inspections I had in mind are all at the behest of Government via QUANGOS and Agencies.
Employment checks and visa applications for the Border Agency, numerous statistics for the various funding agencies such as HEFCE, all of which are subject to inspection.
Taking radioactive substances as another example.
Why should a small University, having only a few low level activity isotopes be subject to the same level of licencing, inspection and charging as a large hospital having many high level activity isotopes?
There are many examples where the regulators seem to take the view that one cap fits all.
The Human Tissue Act I think is another example where it was a knee jerk reaction to what could have been regulated in a more user friendly way.
Many years ago the legislation covering the banning and destruction of PCBs, had it been enacted as it been originally written would have all but stopped any research into a number of environmental issues. Fortunately, on this occasion, government did listen for once so the final legislation was changed.
Unfortunately that does not seem to be the case these days
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Rank: Super forum user
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According to "People Management" quoting Alex Botha, chief executive of the British Safety Council, “The myth that there is an army of health and safety inspectors disrupting and stifling UK business day in, day out, is just that – a myth. It is estimated that every workplace in Great Britain can presently expect a visit from an inspector on average once every 38 years.”
http://www.peoplemanagem...2&utm_content=news_1
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