Posted By Zoe Barnett

Can anyone please remind me of the exact status of "guidance" ? Many thanks.


Zoe


PS A colleague does have this but it's in a safety book in her loft and risk assessment says that the forum is a safer bet than sending her up a ladder to manually handle the loft hatch to enter a dark attic to risk falling through the floorboards...

Posted By Sean Fraser
Zoe,

Guidance is exactly that - guidance. It has no actual standing in law and is provided for informative purposes only. You are under no obligation or expectation to follow it scrupulously.

An Approved Code of Practice on the other hand does have a role in court, where the code is used to measure against actual actions taken. Although there is no obligation to follow the code exactly, the burden on the defender is to prove that the measures they took were of equal or better effect. Hence it is usually easier just to follow the ACoP!

Posted By Neil Pearson
Taken from HSG51 (the first thing that came to hand, but it's a standard paragraph):

"This guidance is issued by the Health and Safety Executive. Following the 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. Health and safety inspectors seek to secure compliance with the law and may refer to this guidance as illustrating good practice."

Posted By Ken Taylor
Did you mean the ESAC document 'Health and Safety Guidance for School Governors and Members of School Boards'?

The document reads: 'The Guidance represents what is considered to be good practice by the members of the Committee. It has been agreed by the Commission. 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. Health and safety inspectors seek to secure compliance with the law and may refer to this guidance as illustrating good practice'.

By definition, guidance must be more than simply supplying information and will state a means of operating that is considered to be good practice.