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Isaac J Threadbare  
#41 Posted : 11 December 2014 13:06:54(UTC)
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Isaac J Threadbare

You are right Chris, it is not easy being put out of work mate. I've always been a maverick and stood alone for what I believe in. Everyone backs you up until the back-up is looked for . I'm lucky inasmuch as I'm a fully qualified time-served electrician, assessor, trainer and the H&S stuff is an add-on if you like and I can blend it all together or move from one to the other. I would not consider anyone with just H&S tickets as anywhere near competent at electrical advice, or for that matter, on any subject just picked up from a two week course and cobbled together ad hoc. The same applies to me of course. For me at least a person has to have hands on experience of their subject and a good degree of expertise to boot before they dish out advice. It follows then that H&S is far to wide a field to know it all. If I pick up on anything on this site I go off into a corner and read up about it. It is best to do this with forums as we have no real idea who anyone is in here (we have spoken on this in the past). Look at the clues then hunt down the facts. I'm close to 62 and I still hold on to the truth and live the dream :-)
David Bannister  
#42 Posted : 11 December 2014 13:11:47(UTC)
Rank: Super forum user
David Bannister

This thread appears to have veered towards competence to carry out fire risk assessments. I agree that most H&S professionals will be unlikely to have sufficient knowledge to undertake anything more complex than a box in a field, unless they have undertaken additional education & training. This applies also to past fire fighting personnel. However, this is not rocket science we are talking about here. The concepts of fire initiation, propagation, building structures, detection & warning, escape, control etc can be learned by most H&S people who have a real grasp of the nature of risk and have the capacity to understand the technical aspects. What I find rather worrying is that so many seem to want to refer to prescriptive codes or law, being too timid to use their professional judgement based on their knowledge and experience. Have we not moved away from such a legal framework and moved to assessment and judgement? Thus is competency not only knowing your limitations but also being prepared to say "this is my professional opinion" and argue the merits?
jwk  
#43 Posted : 11 December 2014 13:27:04(UTC)
Rank: Super forum user
jwk

David, you do make an interesting point, but I think competence always does have to be demonstrated against a framework; whether that's a legal or regulatory framework or a framework of craft or other technical skill. A competent potter, for example, will produce a mug I can drink out of; on the other hand, if it's had a big hole in the bottom I wouldn't be interested in the eloquence of the arguments about why, in their professional opinion, holes in the bottom are better. Competence is only part of the picture, to come back to the original point of the thread; as I have already mentioned, I think there are some pointers about scope of works and contracting in this case; how did the safety adviser become responsible for implementation of a risk assessment, which is what seems to have happened here, surely that should be down to site management? John
firesafety101  
#44 Posted : 11 December 2014 16:36:11(UTC)
Rank: Super forum user
firesafety101

jwk I think you have proved my point, albeit accidentally. You wrote the following: "I did my first FRA some 15 years ago in response to the Fire Precautions (Workplace) Regs; anybody remember them? I was rubbish at the time, and my risk assessment was lamentable." By your own admission it was "very bad, deplorable" therefore you should not have undertaken that assessment, but you obviously thought you were competent? It could have been you who went to jail if something had gone wrong and somebody had died ? (Think about it). I do not know what the subject of your first FRA was but do you now agree that anyone with little or no experience is not competent and should not be let loose on a fire risk assessment? By the way I do remember the Fire Precautions (Workplace) Regulations 1997, (can't believe how long ago?), and I was carrying out FRA's before they came out, and after, up 'till now.
jwk  
#45 Posted : 11 December 2014 16:41:54(UTC)
Rank: Super forum user
jwk

Firesafety; I've thought for many years that only a competent person should do FRAs! I was young and naive, and back in 98 FRA was a very new thing, and I know that in actually doing an FRA (however poor) I was doing more than most; the Workplace regs were known as the stealth regs because so few took any heed of them. There's a much better idea now of what FRA should involve, and I am certainly much better equipped than I used to be, John
Ian Bell  
#46 Posted : 11 December 2014 18:47:01(UTC)
Rank: Super forum user
Ian Bell

So the never ending debate as regards competence in FRA goes on. We all have opinions, but ultimately only a Court can decide if someone is competent to undertake an FRA - even then perhaps only for the situation/facts of a case. WHile for the vast majority of commercial premises - the RRFSO and subsequent guidance is probably adequate. In my industry - the oil & gas sector - how does attending an IOSH approved fire safety assessors course work, for example. I regularly undertake fire risk assessments and consequence analysis studies of oil production platforms and oil refineries/petro-chemical sites. So how do you become competent in such fire assessments without working in this sector? Its too simple someone is competent or not by attendance at 'approved' training courses. For onshore facilities RRFSO applies - so do any of you guys fancy doing a fire risk assessment for an oil refinery? For oil platforms the PFEER regs apply. IOSH guidance is useless, it doesn't cover the specific fire types and fire mitigation strategies etc e.g. passive fire protection, active fire protection, calculation of fire water demand, jet fires, pool fires etc.
Steve e ashton  
#47 Posted : 11 December 2014 21:37:50(UTC)
Rank: Super forum user
Steve e ashton

This thread has thrown up some good discussion and some strong opinions, but I feel there may be a lack of humility in some postings which I did ask people to think on. I am not an electrician. I can barely wire a plug, and I wouldn't dream of telling an electrician how to do his job. But if a man who claims to be a competent electrician leaves bare copper showing from the incomer, if the board is mounted on flimsy ply nailed to thin battens- then as a thirty plus year h and s professional I do feel I am competent to challenge his work, to condemn the installation, and to ask the owner to get someone who IS competent to go over it properly. Similarly for foundations, brickwork, steelwork and etc etc. The wide range of potential issues any h and s person may have to deal with on a daily basis does not allow that he will be time served tradesman in all trades. I believe it is necessary sometimes for us all to recognise that people from outside our profession may be able to add something to what we do. Closed shops do not encourage thinking, thoughtful innovation and do not permit proper evaluation of risk. I knew nothing of the rail industry when I began auditing in that industry. Sometime the fresh pair of eyes can see something those inside the industry simply cannot see for the blinkers. And I believe that is where most health and safety can add value... Just my opinion of course. But back to the thread. I don't know if i have ever missed something that could have later led to a serious accident... I do know I was talking to a man who died five minutes after. Should I have spotted the process error he was making before he died? Probably. Should I have been prosecuted for that?- I don't think so. But I have lived with a sense of responsibility and - yes guilt ever since. HSE cannot be held to account if they fail to spot something on site. Is it fair a h and s consultant should be held to account for what appears to be the same failing?
BJC  
#48 Posted : 11 December 2014 23:11:13(UTC)
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Guest

Sounds harsh to me imprisoning the safety man considering all the deaths caused by corporations where nothing happens.
toe  
#49 Posted : 11 December 2014 23:46:55(UTC)
Rank: Super forum user
toe

Bob, Your spot on in your post earlier.
RayRapp  
#50 Posted : 12 December 2014 08:03:55(UTC)
Rank: Super forum user
RayRapp

BJC wrote:
Sounds harsh to me imprisoning the safety man considering all the deaths caused by corporations where nothing happens.
Exactly my thoughts. When you consider how many serious incidents and fatalities are preventable (as the HSE are quick to remind) how may of these responsible persons are actually jailed for their acts or omissions - very few. I cannot be sure of the degree of negligence, however surely site persons with more technical/engineering knowledge should be held responsible, or in part, IMO.
RayRapp  
#51 Posted : 12 December 2014 08:14:15(UTC)
Rank: Super forum user
RayRapp

A lot of discussion about competence, knowledge, etc. However I would like to raise an issue that may have been overlooked - gaining experience. As a 'general' health and safety practitioner I have dealt with many issues, too many to list. I could not claim to be an expert in all these activities. Yet, it has made me a more rounded and knowledgeable person. It's not practical to get a qualification in all subjects which I deal or have dealt with. I would and have complete a basic fire risk assessment on an office, small workshop, small block of flats or whatever, where the risks are relatively low and my understanding is commensurate. Similarly I have provided training, I have nor formal qualifications. Indeed, asbestos awareness training, I have no formal qualifications in asbestos either. Have I unwittingly put people at risk? Possibly. However I take the view that in many cases the task would not have been done. Better to do it with some knowledge than not do it at all is my philosophy.
JohnW  
#52 Posted : 12 December 2014 10:29:29(UTC)
Rank: Super forum user
JohnW

Yes, most CMIOSH and Tech IOSH who also have say a degree in a science or engineering have the learning skills to fully understand most H&S topics, and do suitable riskassessments, train employees, investigate incidents, and learn new subjects without gaining numerous additional qualifications. If they end up in court they stand a good chance of proving their competency. The chap involved in this terrible case was clearly unable to do that.
pete48  
#53 Posted : 12 December 2014 13:02:49(UTC)
Rank: Super forum user
pete48

Here are 2 links to more factual accounts of the case. http://www.cps.gov.uk/ne...ws/anghel_milosavlevici/ http://courtnewsuk.co.uk...wsgallery/?news_id=39148 The court clearly decided that, on the facts of the case, the ‘safety consultant’ did have a clear role within the company that included site inspection and the authority to stop works. Indeed in his evidence he claims that he didn’t see it because the trenches were covered with boards when he visited! That suggests that he recognised his responsibility for such matters. He should have seen the unsafe conditions and acted; he didn’t. The evidence from other employees as to the on-going and unsafe state of works on site is more telling and no doubt formed a large part of the judgement against the Director. There is nothing that I have read that suggests that either of the men did not know how to do the work safely. Therefore, I am going to suggest that this has little to do with ‘competence’ per se. It seems to me more a case of wilful neglect.
jwk  
#54 Posted : 12 December 2014 13:09:53(UTC)
Rank: Super forum user
jwk

Thanks for that Pete, seems he had more of a safety manager or safety officer role then, that would explain why he was felt to be accountable, John
andybz  
#55 Posted : 12 December 2014 14:05:09(UTC)
Rank: Super forum user
andybz

I agree with Pete48. My initial thought when I read the report was that this had little to do with competence and was mostly related to someone not doing their job. I do find attitudes shown here towards competence, in particular for consultants, somewhat baffling. I think people confuse the role of consultant with technical expert, which are quite different in my opinion.
Isaac J Threadbare  
#56 Posted : 12 December 2014 14:12:25(UTC)
Rank: Forum user
Isaac J Threadbare

I'll pop this here and see if you guys have see things like this I did an electrical investigation a year and a half back. The firm I was working for didn't want me to so I did it on-the-side. The 'consultants' came to the conclusion that a problem with a circuit that caused a chap to be in hospital for a day after an electric shock was malicious. I did a parallel investigation using photographs and the explanation given by the injured party. I found: The injured person had not visually inspected or dead tested the circuit before going to live testing A solenoid on the circuit had been incorrectly assembled by untrained installation people (same firm) on-site using an oversized bolt and a steel conduit locking-nut. The locking nut was now in contact with a live terminal and the edge exposed to hand contact. (The installation people knew no better than to replace a missing bolt with a longer one and used a 'spacer' to compensate). It would have not been picked up on any electrical tests as was not going L/E or L/N it was only by making contact between the injured person and earth it came to light. If installed and visually inspected in good light by people who knew what they were doing this would have been noticed. There was no way of knowing if the lock nut was in contact with the terminal of the solenoid at the time of install as there is no L and N identification on the unit so it could not have been malicious. No risk assessment had been made and the commissioning was carried out in poor light. No method statement in place or written. The correct method of inspection and testing was not followed (no training) The result was of course that I proved that the injury was avoidable and a direct result of failures in the training and management within the firm. Oddly, the firm took the consultants view point. I wonder why? What do I think of the consultants?
Isaac J Threadbare  
#57 Posted : 12 December 2014 14:24:56(UTC)
Rank: Forum user
Isaac J Threadbare

The end bit should have read... What do I think of these consultants...and consultants who know next to nothing and do next to nothing... No offence to most of you guys who do a dam good job.
firesafety101  
#58 Posted : 12 December 2014 14:40:37(UTC)
Rank: Super forum user
firesafety101

I call myself a Consultant because people consult with me for information and advice. I am not an expert in many fields but I would say I know lot about some topics. I have previously wrote I won't advise on stuff my PI insurance does not cover.
pete48  
#59 Posted : 12 December 2014 15:27:39(UTC)
Rank: Super forum user
pete48

Andybz, I agree about consultants and specialists. Isaac has posted a good example of where confusion can arise about what the 'consultant' is doing. Different perceptions and a lack of clarity in contracts are far too commonplace. We don't know of course what technical expertise the consultant, in the case posted, either had or referenced for assistance in reaching their conclusion. All we know is that Isaac considers their conclusion unfounded based on his technical assessment. What exactly was meant by 'malicious' in the context of the accident? Let's accept that if the unsafe circuit, as reported, had not been constructed then the accident could not have happened. Now we must also accept that such matters will occur and we will never prevent them all; competent staff or not. What then is the significance of the sentence'. The injured person had not visually inspected or dead tested the circuit before going to live testing". Should they have done so? If they had would they have been injured? If the answer to the first is yes and to the second is no then we can start to see additional causes beyond those identified by Isaac, can we not? I wouldn't pretend to know the definitive answers but I would ask the question nonetheless. My comments are not intended as a challenge to anyone's competence. Just raising some thoughts about different perceptions giving rise to different questions and conclusions.
Isaac J Threadbare  
#60 Posted : 12 December 2014 15:45:43(UTC)
Rank: Forum user
Isaac J Threadbare

Malicious .. look up the word Pete, their choice of word not mine. They suggested that it was done on purpose with intent to cause harm. Perhaps this was not made clear by me Pete but the person injured was the person who had gone to the site to 'test' the system and switch on and run it up (heating and air con). The point is that the consultants did not investigate the situation correctly as they had no real grasp of the job or electrical procedures.
Isaac J Threadbare  
#61 Posted : 12 December 2014 15:50:11(UTC)
Rank: Forum user
Isaac J Threadbare

Would I ask a dressmaker to investigate a fire? Would I ask a highly qualified and experienced electrical engineer/electrician to look at an electrical incident? How's about a job analysis to find out the correct procedure and the skills necessary for the job before shouting out (incorrectly) that the cause was deliberate.
A Kurdziel  
#62 Posted : 12 December 2014 15:59:20(UTC)
Rank: Super forum user
A Kurdziel

Quote=Isaac J Threadbare]Malicious .. Look up the word Pete, their choice of word not mine. They suggested that it was done on purpose with intent to cause harm. Perhaps this was not made clear by me Pete but the person injured was the person who had gone to the site to 'test' the system and switch on and run it up (heating and air con). The point is that the consultants did not investigate the situation correctly as they had no real grasp of the job or electrical procedures.
If this was 'malicious' and was intended to harm a person or property was the matter referred to the police, as in either case it was a clear criminal act or was the matter ‘hushed up’.
pete48  
#63 Posted : 12 December 2014 15:59:44(UTC)
Rank: Super forum user
pete48

Isacc, thanks for the clarification. However you say "They suggested that it was done on purpose with intent to cause harm". And that was my point, what exactly was done maliciously?
pete48  
#64 Posted : 12 December 2014 16:03:36(UTC)
Rank: Super forum user
pete48

Pushed wrong button. To continue. Technical investigations do require technical input of course but do you know beyond doubt that there was none?
Isaac J Threadbare  
#65 Posted : 12 December 2014 16:20:22(UTC)
Rank: Forum user
Isaac J Threadbare

They (consultants) suggested that the placing of the Lock-nut and the long bolt were put in place to cause harm. (As I said, not possible) I took the time to ask the people who put the gear in when they had no idea anyone was hurt. They freely said what had occurred and took the time to show me how they did it. They thought they were saving time and trouble. The consultants didn't talk to them. AK... you worked it out... no action was taken regarding the police and just as well. As far as I can see the whole thing was concluded with a flick of the wrist. The firm and consultants cut a deal by the sound of it It was not malicious not even close. Would never have stood a chance in court. Innocent people would have been put under stress for nothing. The firm should have had a caning for breach of duty of care etc. Lack of training... I could go on but getting hungry.
JohnW  
#66 Posted : 12 December 2014 19:12:28(UTC)
Rank: Super forum user
JohnW

AndyBz wrote:
I do find attitudes shown here towards competence, in particular for consultants, somewhat baffling. I think people confuse the role of consultant with technical expert, which are quite different in my opinion.
Yes but the point I was making was that the competence of a consultant is going to be much better if he is a technical expert in the topic he is advising. So the chap who was prosecuted clearly did not know enough about construction (though I accept the court saw evidence of negligence). I would say all my customers who employ me as a consultant also see me as a technical expert. Most of them use chemicals but their knowledge of the materials often does not go beyond what they read on the label and their eyes mist over when they flick through an MSDS. My science background and years of employment in the paint and auto industry means I can confidently advise any of those customers and do suitable COSHH assessments, and investigate incidents or fires when things go wrong. I am also able to converse with engineers or fitters when we examine the workings of machinery and the hazards they present. I know my limitations though (hopefully), I never talk electrical, and in construction avoid anything bigger than a house.
Heather Collins  
#67 Posted : 19 December 2014 09:53:43(UTC)
Rank: Super forum user
Heather Collins

Some more information on this case has been added to the SHP online article. Seems that the "site inspections" made by this individual must have been pretty cursory since not only did he fail to note there was no mechanical excavator on site (as the MS had required) but he failed to note the excavations were even there at all! http://www.shponline.co....-jailed-labourers-death/
garryw1509  
#68 Posted : 19 December 2014 10:16:19(UTC)
Rank: Forum user
garryw1509

Probably missing something here, but why is the Safety Consultant writing the Method Statement? For anyone new to this industry, never be coerced into writing Method Statements or Risk Assessments; even if you are the most technically gifted expert in the field. If the methodology isn't done by those controlling the work or carrying out the work then its a useless paper exercise.
RayRapp  
#69 Posted : 19 December 2014 10:20:33(UTC)
Rank: Super forum user
RayRapp

Thanks Heather, puts a bit more meat on the bone.
Heather Collins  
#70 Posted : 19 December 2014 10:55:58(UTC)
Rank: Super forum user
Heather Collins

garryw1509 wrote:
Probably missing something here, but why is the Safety Consultant writing the Method Statement?
Because that's what he was contracted to do. He was also contracted to actually carry out site inspections and given the authority to stop the work. A step too far? Maybe, but that's the task he seems to have been given. I'm sure plenty of us have written risk assessments and method statements for clients who did not have the expertise to do so (though they probably had the knowledge we needed to write the MS in the first place, just not the confidence to put in on paper). The answer comes in making sure the client takes ownership of them, understands them and then manages them, rather than in us refusing to write them.
RayRapp  
#71 Posted : 19 December 2014 11:09:32(UTC)
Rank: Super forum user
RayRapp

I have written some basic Method Statements, but as a rule I agree it's for those planning or managing the work to write them. I have on a number of occasions declined to write a MS because, inter alia, I do not have the technical expertise. What is important is a health and safety person reviews them and the associated RA. No man is an island...
garryw1509  
#72 Posted : 19 December 2014 11:20:09(UTC)
Rank: Forum user
garryw1509

Heather Collins wrote:
garryw1509 wrote:
Probably missing something here, but why is the Safety Consultant writing the Method Statement?
Because that's what he was contracted to do. He was also contracted to actually carry out site inspections and given the authority to stop the work. A step too far? Maybe, but that's the task he seems to have been given. I'm sure plenty of us have written risk assessments and method statements for clients who did not have the expertise to do so (though they probably had the knowledge we needed to write the MS in the first place, just not the confidence to put in on paper). The answer comes in making sure the client takes ownership of them, understands them and then manages them, rather than in us refusing to write them.
I get that's what he was contracted to do Heather, but if the operatives have all the knowledge they shout be writing it in conjunction with someone with IT skills if that is the issue. If they don't have the knowledge and are doing the work based on the consultant, then that's a completely different kettle of fish. Not a chance in hell I would be writing a methodology for anyone carrying out work they are contracted to do. I will review and have a chat about it and identify gaps and potential problems. I will even help with the format; but the guys managing the work will have their name on it and they will own it. The outcome of this case gives me a comfort hug this approach is right and appropriate No problem with the Inspection part of his duty. That's fairly acceptable. Heather, the problem with this and a million other operations happening today, is that a procedure will be written by someone not doing the work (and possibly not a full understanding); the idea this will mirror the actual activity on site is complete nonsense. Please do not think I am having a go at the Consultant or anyone else, I am not; someone had died and that should not be forgotten, but until we completely change custom and practice this will continue unfortunately.
garryw1509  
#73 Posted : 19 December 2014 11:22:58(UTC)
Rank: Forum user
garryw1509

Apologies for typos.....silly site with no edit button!
pete48  
#74 Posted : 19 December 2014 12:52:54(UTC)
Rank: Super forum user
pete48

I did post links to the CPS and Court services at #54 above. The article in SHP is based on those I suspect. Gary you make the point in your post that “For anyone new to this industry, never be coerced into writing Method Statements or Risk Assessments; even if you are the most technically gifted expert in the field. If the methodology isn't done by those controlling the work or carrying out the work then it’s a useless paper exercise.” We need to remember that there are those amongst us who do have jobs with 2 hats! We may be engineers as well as OSH. Perhaps the problem you address is more to do with the management of change than the drawing up of the method statement. That aspect is the more common failing in my experience. Indeed, just as you describe in your comments, the reality in the workplace being far from the planned execution of the works I said in my first post there is nothing that I have read that suggests that either of the men did not know how to do the work safely or had any doubts about their duties or competence. I have no doubt that was also the opinion of the Court. Therefore, I suggested that this has little to do with ‘competence’ per se. It seems to me more a case of wilful neglect.
garryw1509  
#75 Posted : 19 December 2014 13:09:17(UTC)
Rank: Forum user
garryw1509

Pete48 wrote:
I did post links to the CPS and Court services at #54 above. The article in SHP is based on those I suspect. Gary you make the point in your post that “For anyone new to this industry, never be coerced into writing Method Statements or Risk Assessments; even if you are the most technically gifted expert in the field. If the methodology isn't done by those controlling the work or carrying out the work then it’s a useless paper exercise.” We need to remember that there are those amongst us who do have jobs with 2 hats! We may be engineers as well as OSH. Perhaps the problem you address is more to do with the management of change than the drawing up of the method statement. That aspect is the more common failing in my experience. Indeed, just as you describe in your comments, the reality in the workplace being far from the planned execution of the works I said in my first post there is nothing that I have read that suggests that either of the men did not know how to do the work safely or had any doubts about their duties or competence. I have no doubt that was also the opinion of the Court. Therefore, I suggested that this has little to do with ‘competence’ per se. It seems to me more a case of wilful neglect.
Fair points on wearing two hats Pete; sometimes feel like I'm in the Tommy Copper sketch with all the different hats we need to wear :-) Also agree it was much more than competence levels.
nic168  
#76 Posted : 09 January 2015 12:31:53(UTC)
Rank: Super forum user
nic168

I logged into this thread hoping it would be about the need to encourage a wider understanding of how Safety competence works and encourage clearer reporting of peoples jobs. I was very disappointed to read Bob Lewis post: boblewis wrote:But how often do we see people of Gen Cert or technician/Grad IOSH standard being the sole H&S person in an organisation? By definition we would expect that chartered persons are competent within their experience parameters but other grades???? I have worked with a range of people in Safety over the last 10 years, including many CMIOSH as well as lowly Techs or Grad members. There have been good guys- experience, pragmatic ,skilled what ever colourful adjective you care to useetc at all grade and there have been some who I would not trust to sharpen a pencil, let alone carry out a basic Risk assessment. I knew one CMIOSH well, who really did talk a good talk but was utterly useless outside the office, even DSE assessments were beyond them. Their experience was wholly academic, very good at icing PP presentation or writing reports. They looked great on paper. Many of us Grad IOSH types are not interested in going for CMIOSH as it is costly and time consuming and offers no benefit beyond that of joining a "select club". It's posts like Bob's that go largely unchallenged that are making me re-consider renewing my membership
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