Hi,
First post here but hopefully an obvious question to answer -

I've taken over a Health & Safety role with my current employer - my predecessor left suddenly and I was drafted in because I was the only current employee with relevant experience (have worked as a H&S professional before, experienced, qualified etc...) they've 'downgraded' the role from 'H&S manager' to 'H&S Officer' - though I'm doing the same job I'm paid approx £12,000 less than he was, and I've been on a temporary contract (though permanently employed -I was doing a different role before) My employer has now decided that they want a H&S manager, but I'm told I'm not eligible to apply for it, they are saying 'external only' - isn't this a breach of regulation 7 MHSAWR 1999 as they have a 'competent person' within their organisation? It's obviously not performance or 'competency related' as they've extended my temporary contract twice. Not only that, they've also sponsored me to complete NEBOSH level 6.

The advice to employ an external manager above me has apparently come from a consultant, who presumably hasn't mentioned how that works in relation to Reg7.

Not looking for HR or job advice - just wondering about people's thoughts about this in relation to Regulation 7.

To my mind, without Reg 7, a lot of H&S professionals would be undermined by their employer as soon as they 'hear something they don't like' or similar by just employing an external 'superior' to over-rule them.

Thoughts?

Thanks for the reply David.

I would think though section 8 of reg 7 seems to suggest the opposite -

"(8) Where there is a competent person in the employer’s employment, that person shall be appointed for the purposes of paragraph (1) in preference to a competent person not in his employment."

Would suggest that an employer must ensure that the process for consultation on H&S matters comes from someone competent from within the organisation unless that is not possible - I.e. There is nobody competent, qualified and experienced?

- I agree there's probably been a suggestion from the consultant that they don't consider me competent, however it's a bit hard to justify when they've not told me that - obviously they've already appointed me & continued to extend my contract as competent person for H&S within the business, and also pay for me to do the NEBOSH diploma.

I agree it's not an employment law issue obviously in terms of what I'm referring to (if they're saying I'm not competent that's a whole other issue for another forum...) but to me that bit of Reg 7 must be there for a reason....?

Sorry to hear of your situation but just a little bit confused.

You mention a consultant - is this a direct employment of the company or someone foisted on them for example by the financial backers (aka the bank)?

if the company has hired the consultant a couple of truths are apparent:
1) your employer has had their faith for in house staff erroded (you failed to identify why the incumbent went)
2) you are obviously not a psycophantic self serving arse otherwise your employer would have had no issue giving you the post after the first contract

If it is due to external pressure E.g. bank concerned about for example HSE visits then sorry - those that can do, those that can't consult (cuckoo syndrome - turn up, make lots of noise, create lots of .... for others to clean up then .... off, exorbitant fees in hand).

Not worth your sanity.

Decide if you wish to remain (in your old post? - the employer will certainly be telling external candidates there is someone in post but...)

Gain the qualification and do a Douglas Adams (Hitch Hikers Guide to the Galaxy - "as the dolphins left the earth a message .. so long, and thanks for all the fish!)

Perhaps a bit cynical, but....
As suggested in previous posting, take what you can from the situation. If your employer will support you to gain the qualification, then take the opportunity to do this. Remaining in post whilst you do this will give you some experience and track record that will then stand you in good stead should you then decide to look for another position. Of course, if they don't find anyone suitable or if the person they employ fails to meet what they want they may even offer you the position. You might also find that working alongside the new incumbent will benefit you.

Chris