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#1 Posted : 26 September 2006 14:21:00(UTC)
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Posted By Jennifer Kelly
I have been asked a question by a colleague who is completing some coursework which has a unit on H&S. This question has left me a bit stumped.

The question asks for two examples of statutory H&S regulations (fine) BUT also two examples of non statutory regulations - eh? Surely a non statutory regulation is a contradiction in terms or am I going slowly mad?

Please help!

Jennifer
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#2 Posted : 26 September 2006 14:25:00(UTC)
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Posted By Adrian Watson
IEEE Regulations are non statutory; cannot think of another right now.

Regards Adrian Watson
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#3 Posted : 26 September 2006 14:31:00(UTC)
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Posted By Jim Walker
I thought IEE regs were now called BS 7671 (or similar!)

Presumably you want something that was not enabled under HSWA.
Can't think what though
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#4 Posted : 26 September 2006 14:47:00(UTC)
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Posted By Tony Brunskill
Woudl EU Regualtions be a backdoor answer. While they are law I do not think they would appear on the Statute Book? I am unsure and this is a guess.
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#5 Posted : 26 September 2006 14:51:00(UTC)
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Posted By Adrian Watson
EU regs are directly enforcable in the member states as soon as they come into force. They do not need to be enacted by Member States as do directives.

Regards Adrian Watson
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#6 Posted : 26 September 2006 14:56:00(UTC)
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Posted By Tabs
Some professional organisations may have regulations, industrial bodies and acedemic institutions may have some too...

I would suggest they contact the person setting the paper and ask for clarification.
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#7 Posted : 26 September 2006 16:06:00(UTC)
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Posted By Tony Brunskill
Adrian,

Once again we are agreeing. The point I made was that they are law. The question is would they actually appear on the statute book of the England and Wales as they were made in Europe?
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#8 Posted : 26 September 2006 16:19:00(UTC)
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Posted By The toecap
It may mean regs that have been superseeded and are now defunkt perhaps. I don know just guessing
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#9 Posted : 26 September 2006 16:58:00(UTC)
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Posted By Jennifer Kelly
Thanks for all the answers - I have a feeling that Tabs has got it right in this particular case. I think the body for which my colleague is doing the coursework is confabulating the word H&S regulation in the legal sense with the word regulation in the sense of the H&S rules of this association. I will query the person in question and if this is not the case will ask, nay insist, for an answer from the examiner. I let you know when I find out!
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#10 Posted : 26 September 2006 19:05:00(UTC)
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Posted By Adrian Watson
Tony,

No they don't appear on our statute book.

Regards Adrian
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#11 Posted : 27 September 2006 12:51:00(UTC)
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Posted By Ron Hunter
This link may clarify: http://en.wikipedia.org/wiki/Non-statutory_law
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#12 Posted : 27 September 2006 13:05:00(UTC)
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Posted By Diane Thomason
So it's what most of us would call common law then. That makes things much clearer!
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#13 Posted : 27 September 2006 14:03:00(UTC)
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Posted By Robert K Lewis
That makes it clear what is non-statutory law but not non-statutory REGULATIONS. I will await the model answer with interest.

Bob
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#14 Posted : 27 September 2006 14:13:00(UTC)
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Posted By Diane Thomason
Ah, you're right Bob, it doesn't explain non-statutory regulations.
As you say, let's wait for the model answer.
Very odd question though when you think of all the thousands of sensible questions that could be asked. IMHO.
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#15 Posted : 27 September 2006 21:27:00(UTC)
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Posted By Richard Altoft
Surely any regulation not backed by law is a non statutory regulation such as safety shoes in a kitchen in this particular college have to be black or do not walk on the grass!!!!!!!!!
R
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#16 Posted : 28 September 2006 10:40:00(UTC)
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Posted By beenus
Hello,

I've had this question put to me when doing an NVQ a good number of years ago. My evidence was to provide examples of the company/organisation's own regulations, for example its own policies and procedures?

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#17 Posted : 28 September 2006 13:19:00(UTC)
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Posted By Robert K Lewis
Just to be a bit helpful and wind up the "examiner" the following link might be an interesting teaser on where to look!!

www.ukipg.org.uk/Prof_Reg_Booklet.pdf

I offer this on the basis that they did not specifically ask for Non-statutory H&S regulation. If they did I am a bit stumped again. I think it is stretching the definition to apply it to the company's own rules and procedures but I can see the term in use by such as the organisations listed and other equivalents.

The follow on note for Hazel is that I cannot see IOSH in the list! Any reason? :-)

Bob
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#18 Posted : 29 September 2006 11:33:00(UTC)
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Posted By Jennifer Kelly
As promised I have sought an answer from the person who set the question and as I suspected they are calling a H&S regulation set by a professional body a 'non statutory H&S regulation'.

I did say that this way of distinguishing regulations could well cause confusion to students and does not fit into the typical description of the OHS legislative framework of this country. I also emailed the link to this discussion to demonstrate this.

Not sure if this will change the syllabus but there you go, mystery solved.

Have a good weekend one and all.

Jennifer
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