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#1 Posted : 09 November 2004 15:35:00(UTC)
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Posted By Ian Wilson Hi Folks, Does anyone have an example of disclaimer wording that they use as standard on all H&S documentation such as site visit reports, audits, incident investigation etc that they are willing to share? Thanks in advance Ian.
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#2 Posted : 09 November 2004 15:52:00(UTC)
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Posted By Andy Petrie Disclaimers aren't worth the paper they are written on, any lawyer would pull it to shreads. The best thing you can do is explain their responsibilities to themselves and others and get them to acknowledge that they understand what you have told them.
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#3 Posted : 09 November 2004 15:59:00(UTC)
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Posted By Mark B Ian, We would have to include a disclaimer with our disclaimers. I agree with Andy on this, they are not worth the paper they are written on. Regards Mark.
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#4 Posted : 09 November 2004 16:03:00(UTC)
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Posted By Ian Wilson Hi Folks, Thanks for previous responses. Please note that the request was for an example of a disclaimer, not feedback on validity of disclaimers. Many Thanks again, Ian.
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#5 Posted : 09 November 2004 16:17:00(UTC)
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Posted By Andy Petrie Ok Ian, I will re-word my original comment, which was not a critisism but a suggestion: Do you understand your responsibilities with regards to your safety and the safety of others? If so, sign here... (obviously, you'll need to explain what they are first)
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#6 Posted : 09 November 2004 16:29:00(UTC)
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Posted By J Knight Rather than a disclaimer do you mean a qualification such as 'this inspection reflects the workplace as it was on the day and is not intended as a definitive summary of Health & Safety procedures or standards on site. In particular, if any employee has knowledge of a Health & Safety issue not mentioned in this report they must take appropriate steps to remedy it as set out in (xyz document in the SMS)'? Because this is actually quite useful wording in that managers can't get off the hook by saying 'well, it wasn't in the report so we didn't think we had to deal with it'. We can't be everywhere, we don't know everything and we can't see everything. Agreed, disclaimers as such aren't worth a bean, but we it is very useful to be very clear about the inevitable limitations of any report we produce, John
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#7 Posted : 09 November 2004 16:34:00(UTC)
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Posted By Neil Pearson I used to say something along the lines of, "Please note that the inspector/auditor is not able to offer authoritative legal advice: for this, a barrister's report should be commissioned." That was just sometimes, on very delicate reports!
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#8 Posted : 09 November 2004 17:08:00(UTC)
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Posted By Mike Craven The wording I used as a former TU safety rep with CWU is taken from the Safety Reps & Safety Cttee Regs 1977 and reads, "This record does not imply that conditions are safe and healthy or that the arrangements for welfare at work are satisfactory in all other respects" Personally, I've never used this sort of thing in my current life as a H&S Manager, but would always point out that audits, inspections, etc are "a snapshot in time" and that even the professionals are human and won't always spot everything - especially the "hidden stuff". (It can be particularly useful when you "bang-on" about something and people look at you as though you're stupid when the enforcing authorities either miss it or don't consider it worth reporting!!!!) Mike
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#9 Posted : 09 November 2004 17:15:00(UTC)
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Posted By John C Do you mean a statement to authorise the use of a signed document without first obtaining permission from the person from who signed it?
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