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H&S Policy defining roles & responsibilities
Rank: Forum user
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Hi all
I currently work for a small fabrication firm as the H&S officer. I've had a seriously hard time pushing things forwards into this century so far. The Company is switching to another external H&S consultant and I'm reading/annotating the draft H&S policy.
I feel I am being named as responsible for so many roles & responsibilities I simply cannot fulfil due to a lack of support, resources or communication.
For example; an unguarded bench saw with was purchased off Ebay without consulting me on PUWER requirements. It has no guards, no ESD or brake on the saw blade. I advised the powers that be that there was no way they were getting the workshop staff to operate that. I was verbally advised that this was for home use and was only being stored there. A few days later I found the same bench saw with a guard made from aluminium channel, a plug wired on and a steel frame with castors had been fabricated and fitted. There was swarf all around it.
Being legally named in the H&S policy as responsible for all equipment being compliant with PUWER, EC Machinery Directive etc. BEFORE being put into use; I am right in thinking unless I physically stand in front of the saw and stop people using it I just have to hope and pray no one gets hurt or would a written record advising the Directors that it breaches many regulations be enough to absolve me legally? Morally is a different story, granted...
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Rank: Super forum user
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I would put your concerns ALWAYS in writing for something as serious as this. Then get the "powers that be" onto an IOSH MS course or similar. Changing culture takes ages, but in the meantime I would develop an improvement plan - starting with, assessing your compliance now, and where you need to be. Lastly, look for another job.
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Rank: Forum user
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Hi Pikeman
Thanks for the advice. I've been regularly reporting my H&S concerns and CC'ing my personal email in so I can keep a written record of my advice.
I have been trying to get them on an IOSH Directing Safely for the whole time I've been here and have repeatedly developed action plans that I circulate and are ignored.
Unfortunately; as I have no NEBOSH certs I may well have to back pedal my career to avoid prison...
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Rank: Super forum user
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SDCL-Pete
You have done the right thing. Just because your name is on all of the policy and arrangements documents does not make you legally responsible for everything. It is the in the first places the company’s responsibility and then the managements responsibility to make sure the H&S systems work.
I have talked to HSE inspectors and they are not stupid. They know how things work. One told me about a case involving faulty overhead crane a few years ago, which killed an employee. They interviewed the company’s H&S manager for 30 minutes and then grilled the operations manager for 2 days. They understood where the responsibilities lay.
If you do everything you can and keep records of what you have done you should be ok.
Still keep an eye out for a new job though for the sake of your own sanity as much as anything.
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Rank: Super forum user
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Pete
It sounds like you are doing the right things here. Keep going with it, I was told that when working in H&S you have to be like a dog with a bone - do not just let it go.
Keep putting everything you advise in writing. That way if, heaven forbid, something does go wrong and someone gets hurt, this will give you some evidence of what you have done. Your advice RE the saw is sound an is basic stuff which they should have been aware of. I only ever document the advice I give that is ignored / not taken - documenting everything would be a nightmare.... You have got to protect yourself this is your livelihood.
Don't back pedal your career unless you are 100000% sure you don't want to do H&S and, if you can, get yourself on a course and get a qualification for two reasons. 1) it helps demonstrate a higher level of competence and 2) it will give some weight to your advice as you are now officially "qualified", I have always found that the designation that IOSH offers has helped with this too (others will disagree - I know that's a hot topic!).
In short, keep going and remember that this forum is here full of H&S people to support you.
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Rank: Super forum user
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It is the Directors as employer that has legal duty. Although they can delegate to a degree they retain these duties whatever they do. Because they have named you in an attempt perhaps to escape any possible enforcement action will not wash in court.
However H&S law acts as a web and places duties on everyone in the work place. As a H&S officer you will have a duty to take appropriate action like stopping the work and informing the directors of unsafe practices and acts.
To demonstrate you are doing all that is reasonably practicable you could start reporting near misses and the actions taken or required to be taken by the Directors.
Ultimately if there is a real and present danger that is not being tackled despite your effort you will have to report them to the HSE. They will protect your identity if you request so as longas they can.
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Rank: Forum user
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Thanks for the advice and support all!
I've been trying to safeguard myself as best I can. I was promised my NEBOSH certificates when offered the job here over 2 years ago. Another bone of contention. Guess there's not much more I can do. I do feel slightly more at ease now though :)
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Rank: Super forum user
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Reporting your employer to the HSE at this stage is not a good idea unless you wish to get fired.
Jon
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Rank: Forum user
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Hang in there. Remember you are there to protect your work colleagues from your shared management!
Email is your friend. Send an email..." confirming that on the xx/xx/2015 I saw in use a saw which previously I had been told by XX was being stored for offsite home use.This is not the case, and I confirm in writing that this machine should not be used with immediate effect". Copy various managers and when the ask why you have done this, tell them this is what you are going to present to the Court, should an accident occur.
Should start to wake them up.
I do agree that there seems to be an urgent need for education - why not attach a link to a recent HSE prosecution for unsafe machinery with your email that has resulted in managers being fined.
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Rank: Super forum user
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“as responsible for all equipment being compliant with PUWER”
Are you fully competent to make that judgement? For example, could you confidently specify what needs to be done to the saw to make it compliant to PUWER?
If so I would say that you should formally ‘quarantine’ the piece of equipment until you have ensured that the modifications have been made. If you truly are responsible then I would expect you to have both the authority to do so and a budget to make any mods required.
This sort of confusion and wooliness around OSH duties is more common than one might imagine especially in smaller businesses.
So if it were me and I was NOT fully competent or was competent and/or had no authority or resource (i.e. budget) to carry out my duties then I would inform my employer forthwith that I cannot meet the duty specified ,and why that is, along with recommendation to improve the situation.
The solution may be to simply agree changes to the policy wording; define the duty more specifically in the arrangements; training for you or, worst case, you have to move on.
It is by no means certain that enforcers might look upon your situation kindly. The present situation is untenable and in my view leaves you on a pretty narrow ledge.
hth
P48
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Rank: Super forum user
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SDCL-Pete wrote: I feel I am being named as responsible for so many roles & responsibilities I simply cannot fulfil due to a lack of support, resources or communication.
We can all advise you of the rights and wrongs and laws and what you should or should not do etc., but ultimately it's for you to decide as you are the one in the hot seat. You are responsible for the advice you give.
The NEBOSH will not change your situation if the management will not listen to your advice now then they will not likely listen to you with a NEBOSH. I would be considering my options on who I work for, albeit I do appreciate that may be easier said that done. If you want the qualification to improve your employment prospects then I would suggest you consider funding yourself, if that is feasible, and then apply for other jobs.
Ultimately it's your decision.
Regards
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Rank: Forum user
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James; I have emailed links to HSE prosecutions quite a few times but my employers don't seem phased.
Pete48; I do feel confident that I can specify the requirements necessary to make this piece of equipment meet regulations but I do not have the resources nor authority. This is where it becomes frustrating.
I can imagine this sort of confusion being fairly common place in businesses of this size. My feeling is that I am employed for a position that no one truly wants fulfilled. I think the idea of being H&S compliant is nicer than the reality for many small businesses as cost is such an issue.
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Rank: Super forum user
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SDCL
You have my sympathies. I was in the same position as you some years back- the HSE had already been involved (a near fatality). The HSE advised them to get a Safety Manager (they already had a safety officer who was a puppet). I was commissioned for 6 months - after six hours I had a good vista of what this outfit was all about.
Some two months into the commission the HSE arrived back as they had promised, unannounced to me by the corporate bods including the safety officer. The latter greeted the HSE Inspectors. There were two of them. They asked to see the Safety Manager - me. The Safety Officer introduced them to me. The inspectors indicated they wished to talk to me and tour the site/works. The Safety Officer wished to be enjoined in the talk and walk. The Inspector's rejected his request.
These folk are no mugs and wernt about their tasks with admirable professionalism. Some few months later a new regieme took over and after six months I bailed out.
Best wishes
Jon
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Rank: Super forum user
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SDCL-Pete, your situation is not uncommon and although the HSE/courts are likely to see through it, it does not make it any easier for you. You need to start protecting yourself against false allegations and compiling some evidence. The Directors and others may quickly turn on you if there was a serious accident to save themselves or their jobs.
I have been to court and people lie, even ones that you thought would not. People can also be silent and refuse to corroborate events! I would advise you to keep a diary of events, copies of all emails and documents that you have access to and use your camera phone.
You may thing your memory of events is good but believe me it is not. The case I was involved in related to a pollution incident and was swung our way because we had written records of events.
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Rank: Forum user
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Thanks for the replies guys. I've been protecting myself to a certain level but Alfasev is right. I've had people I previously thought trustworthy turn on me in other situations. Nothing like money to make people change (excuse the pun).
I'm going to try my best to armour plate myself whilst I find a way out. A paper trail always beats "he say. she say".
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