Rank: Guest 
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Posted By Alan Hewett
A key message of HSG 65.
'recognising that accidents, ill health and incidents result form failings in management control and are not necessarily the fault of individual employees'
It has been asked whether the recognition of that message by an organisation in its statement of intent could influence the outcome of a civil action against the organisation.
My opinion is that ‘not necessarily’ is not an admission of liability but recognition of a statement of fact. The fact that even where human factors may be the immediate cause most incidents will have organisational factors as the underlying cause .
I would appreciate the opinions and experiences of others, has anyone lost an action brought against them due to the inclusion of this message? Do you think that it is a possibility, if so why?
Regards
Alan
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Rank: Guest
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Posted By I McDonald
Alan
not had any specific dealings with the issue raised however; my opinion would be the "are not necessarily the fault of individual employees" could be argued in the employers defence (opinion only). Suppose it would also be dependent on the other detail and content of the Statement and the context that the line posted on the thread fits in.
Ian
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Rank: Guest
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Posted By Alan Hewett
Ian,
Thanks for the response.
I've always felt that the statement is some what contravesial for all levels of management, though mainly due to them not understanding it and educating them and changing an organisations H&S culture takes time.
Regards
Alan
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Rank: Guest
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Posted By I McDonald
Hi Alan
agree with your comment. It is difficult to judge without the full policy statement. If management are looking for a change to that particular element of the statement, reword (e.g 'Whilst recognising that unplanned events are not necessarily the fault of individual employees and other human factors, failings in management control may contribute significantly to any unplanned event'). Alternatively, throw the question back to management and ask "what do you want to include?". It is after all their policy statement.
Sorry if I am missing your point but sometimes the true issue in the thread is lost in its interpretation (similar with your problem with the policy statement). If you want to discuss it over the phone give drop me an e-mail with your number (wont be able to retrieve till weekend but will ring early next week).
Ian
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