Welcome Guest! The IOSH forums are a free resource to both members and non-members. Login or register to use them

Postings made by forum users are personal opinions. IOSH is not responsible for the content or accuracy of any of the information contained in forum postings. Please carefully consider any advice you receive.

Notification

Icon
Error

Options
Go to last post Go to first unread
Admin  
#1 Posted : 08 July 2004 22:03:00(UTC)
Rank: Guest
Admin

Posted By Jim O'Dwyer Hi, Employers have a duty to seek out safer systems for 'known risk' work processes, but can anyone remind me whether this is a Common Law duty or a H&S statutory duty? Thanks, Jim O'Dwyer
Admin  
#2 Posted : 09 July 2004 08:48:00(UTC)
Rank: Guest
Admin

Posted By Sam Rawcliffe Jim It depends on the Statutory duty imposed by the relevant legislation. Under normal circumstances you would only have to do what is "reasonably practicable" unless a higher level of duty is imposed for instance: Reg6(1)PUWER 'Every employer SHALL ensure that work equipment is maintained...". This duty is a must no matter what the cost or effort. or the one I think your thinking of is "so far as is practical" or "best practical means" which relates to what is practical in light of current knowledge and invention. If something becomes practicable, it is feasible, and it must be done no matter how inconvenient or expensive. i.e Noise at Work Regs 10(1)(b) Ensure so far as is practicable that all equipment is maintained. On the other hand, you do have a duty to review your risk assessments under the Management of Health & Safety at Work Regs, but again your control measures would only have to be what was reasonably practicable. Hope this helps. Sam Rawcliffe.
Admin  
#3 Posted : 09 July 2004 11:16:00(UTC)
Rank: Guest
Admin

Posted By Stuart Bower But don't forget as technology advances and costs come down what may not be considered reasonably practicable today may become so tomorrow .
Admin  
#4 Posted : 09 July 2004 14:09:00(UTC)
Rank: Guest
Admin

Posted By Jim O'Dwyer Thanks for the info. What I'm looking for is a reference (to quote) that expresses the duty/obligation that employers have to keep abreast of developments safer practice and in Industry Standards. It may just have been some advice from the HSE that I've seen. Any help would be appreciated. Best wishes Jim O'Dwyer
Admin  
#5 Posted : 11 July 2004 14:34:00(UTC)
Rank: Guest
Admin

Posted By Richard Spencer Jim Is'nt this implicit in the legislation? Richard
Admin  
#6 Posted : 11 July 2004 15:06:00(UTC)
Rank: Guest
Admin

Posted By Jim O'Dwyer Thanks Richard. I agree with you that the duty to seek out safer methods is implicit in the legislation. However, I thought it may have been defined explicitly somewhere. Perhaps I may have been thinking of the IOSH Code of Conduct (Code 4) which states: "Members shall take all reasonable steps to obtain, maintain and develop their professional competence by attention to new developments in occupational safety and health and shall encourage others working under their supervision to do so." Thanks again to all for your help on this. Jim O'Dwyer
Admin  
#7 Posted : 11 July 2004 15:21:00(UTC)
Rank: Guest
Admin

Posted By David Sinclair Jim, There is an implied duty under Regulation 4 of the Management of Health and Safety at Work Regulations 1999, in that: "Where an employer implements any preventive and protective measures he shall do so on the basis of the principles specified in Schedule 1 to these Regulations". Schedule 1 (e) requirs employers' in implementing Regulation 4 to: "adapt to technical progress". The ACoP to Regulation 4 requires employers' to "take advantage of technological and technical progress, which often offers opportunities for improving working methods and making them safer". I believe there is therefore an implicit statutory duty on employers' to seek out (and where necessary implement) safer systems of work. I Hope this helps. Regards. David
Users browsing this topic
Guest
You cannot post new topics in this forum.
You cannot reply to topics in this forum.
You cannot delete your posts in this forum.
You cannot edit your posts in this forum.
You cannot create polls in this forum.
You cannot vote in polls in this forum.