Posted By TouchBasehse
Hi Glynn, an Approved code of Practise is the interpretation of the regulation. Hope thats ok.
David

Posted By Ron Hunter
If you read the foreword of any ACoP it will tend to explain itself!
See also Sections 16 &17 of the HASAWA, which is available from the www as a pdf download.
Not all of the "6 Pack" you mention contain ACoP - L23 Manual Handling, L25 PPE at Work, L26 DSE contain guidance only.

Posted By Dave Wilson
Remember not all regs have an ACoP only for the major regs CDM, Asbestos, Man Regs etc etc

Posted By J Knight
Hi Glynn,

ACOPs and regs aren't the same. The Regulations are the law, and like most law are written in very precise gobbledygook; the ACOP translates that into more practical and comprehensible language. In theory an ACOP doesn't have to be followed strictly provided that the action taken instead can be shown to have the same effect as if the ACOP was followed. It is more than guidance, just slightly less than instructions. The best known example of an ACOP is the Highway Code; this is not the law but an explanation of the kind of conduct road users need to demonstrate to be within the law. Doing what an ACOP says is a pretty good defence in court.

If you look at the covers of the HSE publications you mention you'll see that the full title of one of them is; for example 'Management of health & safety at work; Managment of Health and Safety at Work Regulations 1999; Approved Code of Practice and Guidance' This is telling you that the book contains all three things; and they are differentiated in the text by being in different typefaces.

John

Posted By J Knight
Hi Glynn,

Find out what bit of H&S they are talking about and point them in the direction of the books you've already mentioned. If for example it's general H&S and risk assessment then it's Management of H&S at work with regs, ACOP and guidance; if it's first aid then it's first aid at work and so on. If they want to read all the ACOPs they'll have to go on a very long holiday and get a really good tan (not that I'm seriously suggesting HSE Books as good holiday reading; I'm not that sad).

John

Posted By Glynn
Yes its very confusing even more so when you say . - Workplace health, safety and welfare - you would see that it contains not only the text of the REGULATIONS but also ACOP(approved code of practice) and GUIDANCE.

So what you are saying even though its a regulation it has some acop in with it as well..........I find this very confusing as regulations have got be followed unlike ACOP which have no leagal standing yet you say it is linked with the book...........AAAAARRRRRR System overload.

Posted By Jonathan Breeze
Glyn,

If it helps you at all in your understanding, the heirachy is as follows:

1) Statute Law (legislation)
2) Regulations
3) ACoP's
4) CoP's
5) Guidance
6) Industry Standards

The higher up the heirachy you go, then the bigger trouble you are in if you break the rules.

So, you can be in breach of an industry standard without breaking statute law. Conversely if you've broken statute law it is guaranteed you will have also broken your industry standard.

Breaches of statute law & regulations are of immediate concern to say the HSE or LA inspectors and the police (if they get involved).

Breaches of ACoP's or lower can be used as supporting evidence in the event of a prosecution by the above.

Breaches lower down the heirachy won't get you in trouble with the law, but may result in flak from the industry accrediting body.

That's how I understand it (though more learned colleagues will no doubt correct me).

All this can be found in any standard H&S textbook.

(And I never even mentioned Common Law - but that's another story...)

Posted By Anthony Elsmore
Glynn,

Just to add my spin to the whole subject:-

Regulation- Something specific that has to happen- X

ACOP- The 'approved/ best practice' way of making X happen. You can choose to do it this way or do it a different way as long as X happens. However if you do it your own way and X doesn't happen you are in big trouble because it has been spelt out to you how you should have done it and you were daft enough to ignore the advice.

Guidance- A bit more detail on how you should do it, usually giving references to the wider picture i.e. how it fits into other subject areas and examples of how other people have gone about acheiving X.

Hope that makes sense.
Ant

Posted By Stuart Nagle
Glynn.

Firstly, Regulations are made under statute law - i.e. the Health and Safety at Work etc Act gave the Secretary of state power to make regulations, as this was deemed a far better way of enacting requirments when changes or new requirements may be necessary, as opposed to the lengthy and complicated process of repealing and creating new Acts of law.

Secondly, The regulations (printed in itallics in the documents) are the legal bit of the document, but in order to make it easier for lay persons (like me and you) to understand, inserted with the regulations are 'Guidance Notes' - that interpret what the regulations require (but which may be open to interpretation by a court - as in case law), and an 'Approved Code of Practice' (or ACoP) that provides advice and may stipulate what should be done to comply with the requirements of the regulation(s).

Lastly, The opening page of each Approve Code of Practice, which includes the Regulations, Guidance and ACoP, will state - usually after the ISBN number.... the validity of the document, i.e. appoved by the Secretary of State, and informs the reader that:

1) the 'ACoP' gives 'PRACTICAL ADVICE' on how to comply with law (e.g. the actual regulations), and if you follow the ACoP you should be doing enough to comply with the law (the regulations).

2) It also states that you do not have to follow the exact methods set out in the ACoP to comply with the law - if you can find an alternative and better method that still complies...but this could be difficult...

3) You must also be aware that the document states that the ACoP has a 'Special legal Status' (and is considered 'best practice'....or best practical means of compliance...)

...it has previously been published as a 'consultation document' and replies to the consultation, many by experts in the field, have been taken into consideration etc...therefore it may prove very hard for anyone to prove to a court that what they did, if different, was better than the ACoP requirements...

...and therefore in the event of a prosecution, the ACoP may be used as evidence in a court to show what is best practice and what is considered should have been done...

4) In the event that you should find yourself having to defend a court action, YOU must prove to the court that either:

a) you did what the ACoP said and therefore did everything so far as was reasonably practicable to prevent the thing happening and comply with the law (the regulations), or

b) you must show the court that you complied in some other, better way (than what is required in the ACoP)...which may be a very difficult thing to do...

I hope this is of some use and it manages to explain the significance of the Regulations, Guidance and ACoP.

I would suggest that you read all the pages before the 'Foreword' in the document which should fully explain it to you...

Regards...

Stuart