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Posted By Phil Roberts
Hi All,
I have just learnt from Gee Newsfinder that recent research by Loughborough University on behalf of the HSE has indicated that following HSE guidance does not always mean that regulations are fully complied with.
The research was focused on WRULD's.
The reseach also indicates that there have been some inconsitencies in interpretation of regulations by the courts especially in parts of the DSE regulations. There also appears to be some confusion about the type of work covered by Manual Handling Regs.
If following HSE guidance leaves the door open for procecution where do we go from here.
Any comments or advice would be appreciated,
Regards
Phil Roberts
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Posted By Andy
Phil,
Do you have specifics quotes?
Quote from L21,22,23,24....
"Following this guidance is not compulsory and you are free to take other action. But if you do follow the guidance you will (NORMALLY) be doing enough to comply with the law.
Is () a get out clause? Should we trust ACOP's and guidance?
Are these three examples typical across the board ot just anomalies, soon to be corrected?
I would (naively perhaps) hope that if we follow HSE guidance we may escape prosecution but what about the increasing civil litigation, note other 'Compo' threads, will there come a time when no person or institution is safe?
Andy.
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Posted By Jay Joshi
There was a Research Report RR 010, "How the Courts are interpreting HSE guidance and
health and safety regulations-An exploratory study of Court Judgements in personal injury claims for WRULDs" that was actually put on the HSE website on 5th August 2002, but subsequently removed. On inquiring about it, the HSE webteam informed me that:-
"We published this report on the website on 5th August at the request of our Publications Unit. The Publications Unit subsequently discovered that
the authors wanted to embargo the report until 28th September to coincide
with a conference and we were asked to remove the report from the site. It
will be republished on 28th September."
(theHSE webteam also apologised for this inconvenience!)
So you will have to wait upto that time to get it!
Yes, it is based on the University of Loughborough Study.
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Posted By Phil Roberts Jay is right about the report being removed from the HSE web site untill 28th September. But if you subscribe to the Workplace Law Network site the report is available to members. A brief explanation of the report is availble on the WLN site @ http://www.workplacelaw..../display.php?resource_idRegards Phil
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Posted By Brian Pearce A downloadable version of the Research Report to which this thread refers:RR010 How the Courts are interpreting HSE guidance and health & safety Regulations: An exploratory study of Court Judgments in personal injury claims for WRULDs is now available on the HSE's web site at http://www.hse.gov.uk/research/rrhtm/rr010.htmThe HSE's Press Release about the study is available at http://www.hse.gov.uk/press/2002/e02180.htmBrian Pearce
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