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#1 Posted : 04 June 2003 09:49:00(UTC)
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Posted By Ed Carter Having just read an article regarding the stalling of the Health & Safety (Offences) Bill, at it's 2nd reading in a Tit for Tat move in Parliment. Plus talk that the Private members Bill on Directors HS duties, whilst passing the first stage will, in all probability, suffer the same fate as the Offences Bill at the 2nd stage. I feel a degree of 'Why Bother' syndrome coming over me. Although personally, I prefer the cajoling carrot to the big stick approach if at all possible, and accepting that the offences bill has been given a new date later this month (although not in time to get the Bill into Law if successful at the second attempt) I cant help thinking that such Governmental efforts, do nothing to assist us poor foot soldiers on the ground. We try to point our to our employer's that HS is being viewed far more seriously, and that this that and the other is promised in the future. only to find that the future can be usually measured in 5-10 year chunks and then what comes isn't what was promised in the first place ! rather an extremely diluted fudged compromise! Do any of my colleagues who participate in this forum feel as I do or am I turning into a bitter and twisted old man after my 20 years trying to protect my work colleagues? (If the answer is yes to the bitter, twisted bit I'm depressed enough as it is thank you very much) Lets forget our recent worries about our name titles IOSH's plans etc. because unless someone or some organisation can get who ever the Government of the day is to 'walk the walk' rather than just 'talk the talk' we can call ourself the right honourable lord high supreme commander and we still won't be getting our message across and the workplace made safer. Sorry to go on abit gang, on my salary however, I cannot afford a counsellor. Ed
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#2 Posted : 04 June 2003 11:24:00(UTC)
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Posted By Hilary Charlton Yes, agreed - I don't know if you are bitter and twisted (I'm sure you're not really) but the Government's attitude can lead to a degree of cynicism. However, I have found in the time that I have been involved with H&S (about 10 years) that more emphasis from other sectors is being placed on this than it was 10 years ago. Perhaps the Government will eventually get the idea by persuasion as don't think we have a cat in hells chance of getting it any other way.
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#3 Posted : 04 June 2003 12:54:00(UTC)
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Posted By Ken Taylor Perhaps there is some truth in the old saying that the trouble with democracy is that it gets into the wrong hands. For example: a year ago at a conference for persons involved in the promotion of home safety, a Government Minister expressed an interest in receiving a case for making the promotion of safety in the home a statutory duty (just like it is for road safety and for which some of us have been lobbying for 40 years) but a year later they have decided to close down the Unit that collects home accident statistics from hospitals and publishes reports on the subject. It often seems that we need a major catastrophe with public outcry or some other form of threat to the perceived political security of politicians before any major improvement in legislation takes place that will benefit health and safety.
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#4 Posted : 05 June 2003 08:28:00(UTC)
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Posted By Sean Fraser An interesting Which? report being publicised today - the safety of child restraint seats which are now a mandatory requirement for vehicles carrying small children. The point was stressed that the seats which failed to be safe at 40 miles per hour or against side impact still met CURRENT safety legislative standards. Sometimes we assume that because equipment meets so-called safety standards, they are actually safe in all conditions. How many people have actually thought to question the basis of the prescribed tests, then compared it to the actual conditions they were most likely to encounter? And why are the tests based on 30 mph when statistics show that a significant number of deaths take place outwith the urban environment (assuming that drivers actually observe speed limits in the towns & cities anyway, which they patently don't!). So, even when legislation is passed which appears on the face of it to improve safety, this can sometimes provide a false sense of security and it is encumbant on us all to ensure that we meet the safest standard we can achieve, not the minimum laid down by our political servants. We often think that just having the law in place will mean everyone will follow the spirit in which that law was passed - quite often the letter of the law will let us down later and it is this that I find to be the demoralising factor. Add to that the fact that any bright idea or good intention laid before ANY parliament has to go through all sorts of readings and committee stages that it will have received such a good kicking once the true lobbying starts and the private interests rear their heads, it comes out a pale shadow of it's former self and often such a bundle of compromises as to be inherintly useless. After all, if we all followed the current law in spirit, we would all have safe places to work, live and play in. Sadly, that isn't the case. And so I don't think that more law makes things better anyway - it never seems to have the impact it is often predicted (promised?) to have. Instead, the insurance industry has more clout in raising actual standards - if a good safety record will be proven to lower premiums, surely this is a better incentive to those who are undoubtedly more concerned with their bottom line than legal compliance. And when are companies going to employ ONLY contractors or suppliers with a good safety record, instead of just saying they do. Action has to match the words. After all, if companies were truly serious about safety those cowboy units would simply die out through lack of work. They're still here and all around - what does that tell us? Good health = good business. Is there any more to say?
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#5 Posted : 05 June 2003 09:11:00(UTC)
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Posted By Ken Taylor I am on record, Sean, in also supporting the 'insurance route' to health and safety improvement but this need not be at the expense of effective legislation. If we had a law that required local authorities to actually promote safety in the home rather than just one that allows them to do it if they wish, we could have people employed to do the job in the same way in which we have road safety officers, health and safety advisors, etc. The inadequacy of some British and European Standards does not disprove the case for good law. Standards are produced by committees (including representatives of the relevant manufacturers in many cases) and so we finish up with compromise standards that may also reflect various sectional or national interests. Only occasionally do we seem to be prepared to stand out against others and make our own regulations these days (eg as with foam-filled furniture) and this would, presumably, cease should further integration with the EU come about and all law and standards be subject to the lowest common denominator of contributors interests.
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#6 Posted : 05 June 2003 11:10:00(UTC)
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Posted By John Webster Unfortunately, whilst we continue to have a "political party" system of government, financial considerations will always dominate. That is the fundamental flaw in a system which allows parties to have paid memberships and receive donations from anyone seeking influence. Those with the most to spend are usually those with the most to loose if a particular bill becomes law. So in the end, everything gets watered down. Cynical? Twisted? No, thats just the system. Now if government inaction over H&S was to spark civil unrest in our major cities.......only kidding, Cheltenham.
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#7 Posted : 05 June 2003 11:45:00(UTC)
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Posted By Sean Fraser Ken, I totally agree with your points about Standards seeking the lowest common denominator, but I feel that the same principle often applies to laws as well and this was why I was questioning the legislative route which is often seen by some (out there in the general public [read "media" as appropriate], not necessarily ourselves) as being the panacea they seek - that so often turns out not the case once it is enacted. I agree that good law makes up in many ways for a lot of the less-good laws (I hesitate to say poor), but I also question the costs that are inevitably involved. Most laws that have any significant impact (good or bad) will entail cost - to the body/ies required to comply with it, the body/ies required to enforce it or both. We already know that the HSE funding situation is leading (arguably) to a poorer service in terms of enforcement, although I think their access to information and advice is superb, expecially with current technology such as the Internet. Imposing an additional requirement on them or the LA or even the police means more cost to them and the headache of utilising diminishing resources for one more requirement - with the result that it isn't done as effectively as originally anticipated while other existing requirements suffer from a diversion of priority in the meantime. Add to this the case for raising taxes (local or national) that would actually be required to do it properly in the first place and seldom seem to follow, except indirectly and without adequate justification. Politically, I am a proponent of ring-fenced taxes, justifying exactly where proportions of taxes collected will go, but that is a separate debate altogether. Safety awareness leads, we all agree, to overall cost reduction, in the same way that good health helps our NHS by reducing demand on reactive services and thereby providing more preventive services as a result in an upward spiral - a fine ideal but difficult to manage in a truly democratic society where freedom of choice is as important as freedom of information. Which brings me onto home safety programmes - again, an laudible concept but are we not now encroaching into a more dodgy area of right to privacy? Making businesses safe is a pre-requisite that no-one can argue - if you want to do business then you need to do it safely and provide safe products/services. But could we do more than encourage people to be aware of safety and health at home and actually prescribe it? After all (and apologies to my fellow Scots - this is a recognised phrase after all) an Englishmans home is his castle. Although I recognise that the call is not to dictate safety in the home and all that entails, I feel that a legal obligation on LA's to promote safety is one where those who are already struggling to cope with funding as it is or do not see safety as their priority over, say, environment (for which there are defined targets to achieve), it will be the bare minimum again. Sometimes I think the half-hearted approach is a lot worse than no approach at all! Perhaps we should change an existing law to have businesses promote home safety - after all, they have daily contact with their employees!! This spreads the cost, can be easily demonstrated and would give a wide covereage of the working population. It isn't blanket, but it would be workable. I know of at least one Oil major that promotes home safety and has provided a checklist for interested parties to use at home. Maybe this would be a better route to promote home safety - LAs would then have to do it as a matter of course internally, and many of them are in the top 5 of employers in terms of employee numbers in any given area anyway. There are a number of agencies and bodies that promote home safety already, including local and national governments - I would need to be persuaded that a legal requirement upon the LAs would imporve what is already being done, to any significant degree. I don't disagree with your sentiments. I just query if we are geting the various balances right. Would anyone from the LAs like to express an opinion on what a legally required safety promotion campaign would consist of and whether it would be effective, i.e. how it would be measured? Or is that a topic for a separate thread?
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#8 Posted : 08 June 2003 22:34:00(UTC)
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Posted By Ken Taylor This seems to be developing into a discussion about home safety - which I threw in as an example of Government frustration. However, I would make the point that good health and safety law could be cost-saving - particularly when you consider the cost to the health service and to industry in lost time from the number of reported home accidents that far exceeds those for both the road and the workplace. Unfortunately the cost is in one place and the cost benefit in another when the sums are done. Many persons who used to be employed in promoting home safety have been lost or had the duty removed from them in local authorities as they have decided to do what is mandatory as part of cost-cutting exercises - which runs against stated Government policies to reduce accident figures. When road safety was made mandatory, part of the then Rate Support Grant was allocated for this and LAs made accountable to central government to carry out the work. I see no reason why this approach should not be taken with home safety to provide: local campaigns, educational visits to schools, clinics, community groups, etc; safety equipment loan-schemes; advice to Building Control, Planners, Child Care, Housing Officers, registered child-minders, etc; etc.
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