I'm doing some development work on competence and I'd like to explore HSAWA S7 duty and its link with S2 Duty. In their Policy arrangements an employer places great emphasis on the individual employee managing their own maintenance of competence. Employee suffers injury due to a knowledge based mistake. In the first few days of return after summer holiday break the employee did not seek out new information, new training, or guidance on a new safe system of work although the employer can show they had informed all employees by internal communication that things had changed 5 days earlier.

To what extent has delegation become an abdication of responsibility, how would it stand up in litigation?

In such a situation the employer should have identified that such a lag in recovering knowledge etc could occurr after an absence from work for whatever reason. The S2 requirement for instruction, training etc cannot simply be placed on the employee - it is specifically on the employer to ensure that it happens.

You can expect competent people to maintain their competency within their skills area BUT this is an adjunct to the employers systems as he is ultimately responsible for competent employees at work. Rely on your scenario and the pigeons may well come home to roost.

Bob

Hi Ron, hypothesis really.

My interest lies in the S2 duty. In conversation with the employer concerned I fear wilfull blindness will catch them out in that they are absolutely adamant that they have fulfilled their duty and if the employee does not cooperate by taking all reasonable steps to cooperate with the employer in fulfilling their duty, the breach is the employees!

Ideally I could do with a legal precedent but the maintenance of competence is such a minefield and I fear unchallenged "management" of risk I'm caught between a rock and a hard place.

Bill

If the employer is sure they have fulfilled there duty with section 2 HSWA.
Then are sure they will be able to prove that they have complied with Regulation 13 MHSWR 1999

(1) Every employer shall, in entrusting tasks to his employees, take into account their capabilities as regards health and safety.

(2) Every employer shall ensure that his employees are provided with adequate health and safety training-
(b) on their being exposed to new or increased risks because of -

(iv) the introduction of a new system of work into or a change respecting a system of work already in use within the employer’s undertaking.

(3) The training referred to in paragraph (2) shall-

(b) be adapted to take account of any new or changed risks to the health and safety of the employees concerned; and

I can see no area under this set of Regulations that requires the employee to maintain his competence without instruction from his employer