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Zanshin67		#1 Posted : 28 August 2011 10:57:05(UTC)
Rank: Forum user		Dear all Just having a bit of a debate with a manager.... What has the higher legal status? Is it an ACOP or Guidance note? (I would say ACOP) I am also researching occupational health what is the key piece of legislation for reference is it COSHH? many thanks
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chris42		#2 Posted : 28 August 2011 11:24:49(UTC)
Rank: Super forum user		ACOP is
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Betta Spenden		#3 Posted : 28 August 2011 13:31:15(UTC)
Rank: Super forum user		David1967 wrote: I am also researching occupational health what is the key piece of legislation for reference is it COSHH? many thanks Maybe, maybe not it depends upon the issue. The management regs, reg 6 is a good start. For vibration I would ref the vibration regs, noise the noise regs, confined spaces the confined spaces regs, asbestos the asbestos regs, radiation the ionising radiation regs. At my last occpational health medical I told the doctor that I could not get the letters pb out of my head. He told me that I was easily lead........................
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Ciaran Delaney		#4 Posted : 28 August 2011 19:09:44(UTC)
Rank: Super forum user		ACOP.
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Canopener		#5 Posted : 29 August 2011 19:13:59(UTC)
Rank: Super forum user		David, you are correct, although some will undoubtedly argue that guidance has NO legal status at all; not a position that I agree with. Guidance can be produced in court and I would suggest that it is 'persuasive' especially in the lower courts.
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MaxPayne		#6 Posted : 30 August 2011 07:37:37(UTC)
Rank: Super forum user		This takes me back to NEBOSH... Bottom up: HSE produce "Guidance" which is approved by the HSC HSC produce "Approved Codes (ACPOs)" which are approved by the sec of state. The above are not law but assume a pseudo legal status, i.e. you must follow an equivilant proactice etc. Sec of state produces "statutory instuments (Regulations)" which are approved by parliament. Parliament produce "acts", i.e. H&S at Work act, which are approved by HM.
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SteveL		#7 Posted : 30 August 2011 09:12:35(UTC)
Rank: Super forum user		Quote=MaxPayne]This takes me back to NEBOSH... Bottom up: HSE produce "Guidance" which is approved by the HSC HSC produce "Approved Codes (ACPOs)" which are approved by the sec of state. The above are not law but assume a pseudo legal status, i.e. you must follow an equivilant proactice etc. Sec of state produces "statutory instuments (Regulations)" which are approved by parliament. Parliament produce "acts", i.e. H&S at Work act, which are approved by HM. So who does it now that the HSC and HSE have merged and only the HSE exist. (showing ones age with the old NEBOSH)
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Clairel		#8 Posted : 30 August 2011 09:15:51(UTC)
Rank: Super forum user		Well to be pedantic about it. From the bottom up: Guidance - not legal but depending on who wrote it can be used at the benchmark in court COP (code of practice) - as above ACOP (approved code of practice) - legally approved guidance so need to show that standard or similar Regs - legal status The Act - the daddy! Occ health has many key legislative foundations: Management Regs COSHH Manual Handling regs Noise and Vibration Regs Asbestos Regs Lead Regs Working Time Regs (.....I'm still thinking!!!)
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Jane White		#9 Posted : 30 August 2011 11:05:14(UTC)
Rank: IOSH staff		All good advice here, We work by the premise that although you may say that the Guidance Note has no legal standing, it sets the minimum standards if you like. You would have a hard time in court arguing why you didn’t follow it unless your measures were ‘greater’. Therefore could we argue that it is just as important as the ACOP?
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MaxPayne		#10 Posted : 30 August 2011 11:23:43(UTC)
Rank: Super forum user		Isn't it also the case the further down the information flows, the more detail it contains? For example a guidance document will be more readilly understood by the end user that a statutory instrument.
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Ron Hunter		#11 Posted : 30 August 2011 12:57:16(UTC)
Rank: Super forum user		Section 8(3) of Corporate Manslaughter/Homicide Act suggests H&S Guidance is directly admissable.
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Ron Hunter		#12 Posted : 30 August 2011 12:59:25(UTC)
Rank: Super forum user		Max, Steve and others will no doubt appreciate that the HSC they remember fondly from their NEBOSH days is of course no more.
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andybz		#13 Posted : 30 August 2011 13:04:44(UTC)
Rank: Super forum user		I think this document from HSE answers the question http://www.hse.gov.uk/risk/theory/alarp2.htm I understand the list in Section 2 of the document is in order of status. See section 3.9 for an explanation of how HSE decides on the status of good practice in guidance, documents etc.
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