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Posted By Robert Woods
Does anyone have up to date information on how/which health and safety legislation applies too the armed forces, how it's practiced and who enforces it.
My understanding is that the do not have crown immunity any longer is this correct.
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Posted By Ron Young
Bob,
Unless in times of National Security when the Secretary of State for Defence can exempt the Forces from specific H&S Legislation, the full legislation applies equally to them.
Ron
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Posted By Peter J Harvey
There are some specific exemptions, which apply to the armed forces, for instance some of the reporting requirements under RIDDOR. However these are few and far between these days.
Health and Safety is enforced in the same way as any other organisation, in fact I can remember being visited by several HSE inspectors during the last few years and also have several improvement notices issued by the LA EHO.
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Posted By David Scott
I can only agree with the previous comments. That said, it would be difficult if not impossible for 'Crown to prosecute Crown' if all went pear shaped.
The only immunity removed that I am aware of was the repeal of S10 of the Armed Forces Act which previously prevented individuals seeking compensation under Tort of Negligence. It was at this time that the armed forces started to 'play the game' so far as reasonably practicable.
I believe that they are bound by the Act except for 'Operational Units' (whatever they are!!).
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Posted By Adrian Watson
Bob,
The factories acts have applied to crown employees since 1937. All Legislation has applied since 1 April 1975.
However, whilst the crown is a single entity it cannot prosecute itself. For this reason whilst individulas could be prosecuted, a system of crown improvement and prohibition notices was introduced for crown breaches. Until the late 1980's and early 1990's they were rarely if ever used.
Hope this helps.
Regards
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Posted By Laurie
While still in the Forces I was made a member of a COSHH Evaluation Team in 89/90 when the COSHH Regs were published, and senior officers suddenly realised they were at risk!
At this time investigations revealed that we were sublect to HSE legislation, with a few exemptions (e.g. first aiders).
Although no longer serving, my understanding is that the situation remains the same. Be very careful of exemptions for "operational units" and such terms. At the time of the Gulf War I was Deputy HSO at a unit which had personnel in the war zone. I applied to the relevant authority for exemption for those personnel who were actually "in theatre" i.e. actually fighting the war. It was refused.
Laurie
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Posted By Stuart Nagle
Robert.
Crown immunity in respect of the government was removed some time ago. The last government service (if you can call it that) to loose the immunity was the Police Force.
All MOD sites are required to comply with the H&S legislation of the UK, regardless of the location of the establishment. The only exemption to this is if the host nations H&S legislation/regulations are of a higher standard (which is unlikely).
The only real exception to the immunity is Royal Palaces, or some other Government buildings that are owned by the crown, as in essence, as mentioned above, the crown cannot prosecute itself, however in reality H&S requirements are operated and met.
In most instances, contractors operate under fairly stringent H&S 'client' requirements in such establishments, which are audited and then the auditors audited and then the client audits the auditors audits, so all in all it is a fairly heavy H&S regime.
If you would like to see some of the standards of H&S applied on MOD sites, visit the download page of the Defence Estates web site (www.defence-estates.mod.uk). This will give you the flavour of things....
Stuart Nagle
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