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mike52  
#1 Posted : 12 July 2018 10:18:57(UTC)
Rank: Forum user
mike52

i am interested in your views on this situation. i work for a manufacturing company. our safety officer quit several months ago and not replaced. as such safety is in my opinion deteriorating. for example: lifting tooling weighing around 200kg with only 2 chains. my question is if there is a serious accident, who is responsible? as we have not been told who to address any concerns too. we have raised issues with supervisors but they have limited powers to make long term policies. regards Mike
hilary  
#2 Posted : 12 July 2018 11:01:16(UTC)
Rank: Super forum user
hilary

Everyone is responsible for health and safety firstly.  Although people employ safety officers to keep them on the right side of the law, H&S is, legally, everyone's responsibility.

You talk about lifting tooling weighing about 200kg with only 2 chains but you don't say what weight those chains are rated to; we can lift 2 tons on 1 chain but only because the chain or sling is rated to that amount.

Ultimately go and see the most senior person on site because the buck stops there, but make sure of your facts before you do.

Edited by user 12 July 2018 11:02:21(UTC)  | Reason: my sepllnig was ribubsh

Woolf13  
#3 Posted : 12 July 2018 11:18:04(UTC)
Rank: Forum user
Woolf13

It is the duty of every employer to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all his employees. See below link:

http://www.hse.gov.uk/legislation/hswa.htm

Whilst employees, manufacturers etc. are responsible within health and safety law, ultimately it is the employer who is accountable as without the employer there would be no work, no task to carry out etc. You must cooperate with the employer to enable them to carry out their duties which means reporting/discussing/flagging issues which affect health and safety to them.

fairlieg  
#4 Posted : 13 July 2018 11:24:30(UTC)
Rank: Forum user
fairlieg

So employers have a legal duty to make sure they have competent health and safety assistance refer to Regulation 7 of the Management of Health and Safety at work regulations and to consult with employees under certain circumstances http://www.hse.gov.uk/pubns/indg232.pdf.

Were do you go if you're not unionised?  You could make a protected disclosure (according to the definition in Part IVA 43B 1(b) of the employment rights Act) to the HSE if your employer is not taking your concerns seriously and you feel that the workers health and safety are in danger

Health and safety assistance

7.—(1) Every employer shall, subject to paragraphs (6) and (7), appoint one or more competent persons to assist him in undertaking the measures he needs to take to comply with the requirements and prohibitions imposed upon him by or under the relevant statutory provisions and by Part II of the Fire Precautions (Workplace) Regulations 1997.

(2) Where an employer appoints persons in accordance with paragraph (1), he shall make arrangements for ensuring adequate co-operation between them.

(3) The employer shall ensure that the number of persons appointed under paragraph (1), the time available for them to fulfil their functions and the means at their disposal are adequate having regard to the size of his undertaking, the risks to which his employees are exposed and the distribution of those risks throughout the undertaking.

(4) The employer shall ensure that—

(a)any person appointed by him in accordance with paragraph (1) who is not in his employment—

(i)is informed of the factors known by him to affect, or suspected by him of affecting, the health and safety of any other person who may be affected by the conduct of his undertaking, and

(ii)has access to the information referred to in regulation 10; and

(b)any person appointed by him in accordance with paragraph (1) is given such information about any person working in his undertaking who is—

(i)employed by him under a fixed-term contract of employment, or

(ii)employed in an employment business,

as is necessary to enable that person properly to carry out the function specified in that paragraph.

(5) A person shall be regarded as competent for the purposes of paragraphs (1) and (8) where he has sufficient training and experience or knowledge and other qualities to enable him properly to assist in undertaking the measures referred to in paragraph (1).

(6) Paragraph (1) shall not apply to a self-employed employer who is not in partnership with any other person where he has sufficient training and experience or knowledge and other qualities properly to undertake the measures referred to in that paragraph himself.

(7) Paragraph (1) shall not apply to individuals who are employers and who are together carrying on business in partnership where at least one of the individuals concerned has sufficient training and experience or knowledge and other qualities—

(a)properly to undertake the measures he needs to take to comply with the requirements and prohibitions imposed upon him by or under the relevant statutory provisions; and

(b)properly to assist his fellow partners in undertaking the measures they need to take to comply with the requirements and prohibitions imposed upon them by or under the relevant statutory provisions.

(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.

Edited by user 13 July 2018 11:26:03(UTC)  | Reason: Not specified

Kate  
#5 Posted : 13 July 2018 12:40:21(UTC)
Rank: Super forum user
Kate

The appointment of competent H&S assistance (eg a safety officer) is one of the things that the employer is legally obliged to consult the workforce or their representatives about.

So they should at least be communicating what their plans are.

The requirement for non-unionised workplaces is here:

http://www.legislation.gov.uk/uksi/1996/1513/regulation/3/made

If you are unionised, there should be a union safety rep who is consulted.

Edited by user 13 July 2018 12:41:44(UTC)  | Reason: lack of typing competence

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