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fornhelper  
#1 Posted : 01 December 2009 10:20:00(UTC)
Rank: Forum user
fornhelper

I'll bet they don't crack down on the 'no win - no fee' lawyers who, IMO, are probably the biggest cause of the 'no risk' culture that has developed.

http://www.heraldscotlan...afety-crackdown-1.987484

FH
Yossarian  
#2 Posted : 01 December 2009 11:27:25(UTC)
Rank: Super forum user
Yossarian

Depends which paper you read Forn'.

According to the Telegraph, it's Compensation Culture that's the baddie:

http://www.telegraph.co....ompensation-culture.html

Yet according to the Press Association, it's "elf'n'safety" wot dunnit:

http://www.google.com/ho...shxQ-plA4NeNJbI6bGOfnfFg
Birchall31628  
#3 Posted : 01 December 2009 11:38:02(UTC)
Rank: Forum user
Birchall31628

True, it depends upon the paper. None of this is new anyway. I saw Sky News this morning and John O'Gaunt was doing the paper reviews with his opinions (for what they are worth). The general spirit of this is greatly received though. Not quite sure I appreciate the conkers bonkers idea though.
boblewis  
#4 Posted : 01 December 2009 11:42:02(UTC)
Rank: Super forum user
boblewis

Fornhelper

Your title seems to suggest that something is wrong in the approach outlined when it is what IOSH have been fighting for in many ways. For me the current government has been all headlines and no action over anything and any calls from them I treat with a tonne of salt.

Bob
sutty  
#5 Posted : 01 December 2009 11:49:58(UTC)
Rank: Forum user
sutty

I think its a chicken and egg situation, did the review/rewrite/issue of many health and safety rules and regulations cause the risk culture or did risk culture cause the review/rewrite/issue of many health and safety rules and regulations??

Personally, i think its due to the Americanism of our country and the breakdown of the community, but thats just an opinion!!
Safety Smurf  
#6 Posted : 01 December 2009 11:58:20(UTC)
Rank: Super forum user
Safety Smurf

Totally agree with Sutty but should add that it has also been caused by case precedence set by some very poor judgements.
sutty  
#7 Posted : 01 December 2009 12:05:46(UTC)
Rank: Forum user
sutty

Thanks smurf, not sure these judgements were given with much foresight, but as they say hindsight is a hell of a gift.
Anne Smart  
#8 Posted : 01 December 2009 12:26:10(UTC)
Rank: Guest
Guest

IOSH Chief Executive Rob Strange will be responding to Cameron's speech on BBC News 24 at 2.15pm.

We're also lining up other media opportunities for spokespeople today so keep coming back to this thread or follow @IOSH_tweets on Twitter for updates.

Anne Smart
IOSH media and campaigns co-ordinator
Anne Smart  
#9 Posted : 01 December 2009 12:39:44(UTC)
Rank: Guest
Guest

And another interview scheduled... this one for Communications Director Ruth Doyle with LBC 97.3fm radio at 2.05pm.
Jeni D  
#10 Posted : 01 December 2009 14:04:30(UTC)
Rank: Forum user
Jeni D

Hi Anne

Would be interested in these interviews but not allowed TV or radio at work. Any chance of posting transcripts?
Yossarian  
#11 Posted : 01 December 2009 14:34:00(UTC)
Rank: Super forum user
Yossarian

jeni d wrote:
Hi Anne

Would be interested in these interviews but not allowed TV or radio at work. Any chance of posting transcripts?


Jeni, is that because of the health & safety rules?

;-)
Anne Smart  
#12 Posted : 01 December 2009 15:43:04(UTC)
Rank: Guest
Guest

Dear all,

I'll look into transcripts - but we're still busy lining up spokespeople and briefing them so unlikely to post anything for a few days. We'll at least have the best quotes for you in some news items.

Next interview lined up is for our new President John Holden on BBC Radio 5 live at about 18.10 tonight. Tune in if you can!
jwk  
#13 Posted : 01 December 2009 15:56:48(UTC)
Rank: Super forum user
jwk

Don't know how often I've suggested that media attacks on H&S are not random but purely political. One thing though, the BBC version quotes Cameron trotting out the usual stale old rubbish about things which never happened. Still, I suppose I shouldn't expect politicians (except Tony Benn) to use or even understand the truth,

John
ahoskins  
#14 Posted : 01 December 2009 16:10:08(UTC)
Rank: Super forum user
ahoskins

From the first link Mr Cameron says: "The Health and Safety at Work Act would also be amended to ensure the danger of prosecution does not put teachers off from taking children for adventurous activities."

Perhaps he intends to remove schools or children from being subject to it??? Back to the good old days before the Apprentices Act, I say!
jay  
#15 Posted : 01 December 2009 16:28:58(UTC)
Rank: Super forum user
jay

It would be best if all read the full transcript of David Canmeroon's Speech:-

http://www.conservatives...f_health_and_safety.aspx


It is in the nature of politics to take advantage of mass appeal sound-bites rather than to tackle issues with expert input and check ALL the research and facts.


The risk-averse culture to a significant extent is the result of ALL political parties adopting a partisan approach and not countering the media unitedly whenever media frenzy arises after public fatality/fatalities/serious injuries.

Even public enquires have taken into account such factors to the detriment of sensible health and safety. This results in organisations, especially those with a public frontline function not to assess and control risk to the required “so far as is reasonably practicable”, but far in excess.

There are also the victims groups, who demand “action” to be taken far in excess of what is “so far as is reasonably practicable” and generally in this day and age, unless we firstly as a society and secondly as professional body come to a consensus on what “so far as is reasonably practicable means in today world and society, primarily in the area of public safety, we are not going to have a solution overnight or even in the long term!


If one remembers and indeed refers to the Southall and Ladbroke Grove Joint Inquiry into Train Protection Systems by Professor John Uff and Lord Cullen under the heading
“Public Attitude to safety”

“………there are certain difficulties involved in seeking to take account of the public’s attitude to safety. First, the attitude of the public can only be expressed through public channels such as the news media or pressure groups. In the case of the rail industry, the recent public inquiries have also provided a platform for views expressed on behalf of particular groups of people. In assessing the weight of all such opinions, we must take into account the circumstances in which such views are given and the fact that the weight to be given to public opinion is ultimately, along with many other competing issues, a matter for the democratically elected government and Parliament…….


……..“We must also take account, in assessing the public attitude to safety, of various
bodies of research and expertise aimed specifically at gauging and applying public attitudes, for example to the priority to be given to safety-related expenditure. It has been necessary, historically, for central and local government spending departments to form judgments about such priorities……..

…….We therefore seek to assess and take into account the public attitude to safety and to weigh this appropriately, along with other relevant factors, in the recommendations that we make……..



We as Health and Safety Professionals also have to influence our employer organisations by managing risks sensibly. I am afraid that our entire training, auditing, monitoring “systems” approach as far as SME’s are concerned is cumbersome and expensive. Yes, it is best practice to have all training that is accredited/certified in some form or another, but is that really required at all times for safety training that is not safety critical. For example, if I am a competent safety practitioner and have good trainer skills, what is there to stop me from devising and delivering my own non-safety critical training ? On the contrary, it is likely to be superior as I can tailor it to my organisations requirements.

This is something for all the safety organisations to consider and come up with cost effective training solutions—as ALL safety organisations, irrespective whether it is ROSPA, BSC, IOSH, CIEH etc derive significant revenue from training (and others from Audit) activities. On the surface, it seems to be the noble thing to do, but have we properly assessed and researched the effects of the “supply chain” effect on SME’s??

In some high risk activities/areas, it may be desirable to use the “supply chain” effect to bring about a change, but what we witness is the undesirable “supply chain” effect of excessive controls for low/medium risk activates, especially for SME’s


I disagree that it is the EC legislation that is the significant culprit. On the contrary, it is the misunderstanding of:-

1) so far as is reasonably practicable

2)the role and status of the Guidance and ACoPs accompanying the regulations that appears to be the problem for those who cannot differentiate that one can deviate as long as one can demonstrate an equivalent control measure.


We also have (as is the case with other professions and activities) sections of industry that thrives on the ignorance of SME owners/managers to “scare” them into adopting over the top control measures.

If anything that requires reform, it is our public and employer liability systems framework, not health and safety legislation per-se.


Jeni D  
#16 Posted : 01 December 2009 16:40:17(UTC)
Rank: Forum user
Jeni D

Yossarian wrote:
jeni d wrote:
Hi Anne

Would be interested in these interviews but not allowed TV or radio at work. Any chance of posting transcripts?


Jeni, is that because of the health & safety rules?

;-)

No, nothing to do with health and safety rules. More a blanket ban on anything that might conceivably come under the heading of "fun".
Crooky  
#17 Posted : 01 December 2009 16:43:24(UTC)
Rank: New forum user
Crooky

Surely the no win - no fee culture is a result of the Woolf Reforms, which were abused by compensation lawyers
Anne Smart  
#18 Posted : 01 December 2009 16:56:53(UTC)
Rank: Guest
Guest

John Holden will hopefully be on tonight's Newsnight too. We're still working out the details, so set your timers to record just in case!
Safety Smurf  
#19 Posted : 01 December 2009 17:03:45(UTC)
Rank: Super forum user
Safety Smurf

Perhaps, but it was the courts that allowed the compensation culture to gain a foothold.

As I see it, the problem lies with the translation of what is reasonably practicable. The employer's duty of care is to all of their staff, customers, etc whereas the injury lawyer is only interested to the extent of his or her client, one person. What it is reasonably practicable to do for one person it would frequently be execively onurus to apply to all.
jwk  
#20 Posted : 01 December 2009 17:04:11(UTC)
Rank: Super forum user
jwk

You see, in general terms I have this problem. We all apparently live in a world where 'elf'n'safety gorn maaad stifles fun, creativity and talent. Thing is, I don't see it. I don't feel wrapped in cotton wool, I don't inhabit a workplace where people won't lift a finger without doing a manual handling risk assessment; in fact I work in a place where getting people to do an RA is a minor miracle. I can go out and do dangerous activities if I want to; in fact I challenge anybody on this forum (apart from people who want to smoke in pubs) to cite one activity they personally have been barred from because of 'elf'n'safety.

There's a kind of wierd westminster/telly/papers world where people have fracas's and there's forever outrage and storms of feeling. Then there's the real world, where we actually live. In my real world we don't have a claims culture (not in my workplace at any rate - people do put claims in against us, bbut t's either our fault in which case they win, or it's not and they don't; increasingly the latter), we aren't risk averse, and the real struggle is still preventing wholly avoidable injury and ill-health.

It's a funny old world,

John
RayRapp  
#21 Posted : 01 December 2009 17:40:13(UTC)
Rank: Super forum user
RayRapp

Resisting the urge to post a response, but JWK's post has done the trick. Yes, it is a funny old world, or at least forum. One where if you post a thread as a 'tit bit' all and sundry respond. But ask a serious question and you hardly get any responses. Is this indicative of where we are today I wonder?

Ray (the philisophical)
richie o'neill  
#22 Posted : 01 December 2009 21:05:55(UTC)
Rank: New forum user
richie o'neill

On rant:
And all this coming from a POLITICIAN with a degree in Politics, philosophy and ECONOMICS!

Politicians and economists.... Aren't they the ones who recently brought the country to it's knees? Oh no, I remember now, that was us safety practitioners.
Off rant.

Anne Smart  
#23 Posted : 02 December 2009 16:28:01(UTC)
Rank: Guest
Guest

Hi everyone,

We had six media appearances yesterday as a result of Cameron’s speech.

You can read about the coverage we achieved in the member news item “Cameron opens up the debate” http://www.iosh.co.uk/ne...ameron_opens_debate.aspx

Anne Smart
Media and campaigns co-ordinator
BJC  
#24 Posted : 02 December 2009 17:02:56(UTC)
Rank: Guest
Guest

I honestly feel there are a great many jobsworths in this business and that health and safety law is too draconian. Take even one of these out of the equation and people would accept the Profession more readily. I think No Win no Fee is a good system although I feel lawyers should take no more than 30 percent of the total pay out and frankly the compensatory awards are also far too low.

This wont be a popular response but one that most of the public would probably agree with. I await abuse from the Ex Services mob.
Safety Smurf  
#25 Posted : 02 December 2009 17:09:06(UTC)
Rank: Super forum user
Safety Smurf

BJA wrote:
I await abuse from the Ex Services mob.


Oh yes, I forgot. Stick a label on it and Pigeon hole me with that one as well!
Yossarian  
#26 Posted : 02 December 2009 21:26:13(UTC)
Rank: Super forum user
Yossarian

BJA wrote:
...that health and safety law is too draconian...


Where do you get that from BJA?

What is so draconian about:

Quote:
...It shall be the duty of every employer to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all his employees...


and:

Quote:
...It shall be the duty of every employer to conduct his undertaking in such a way as to ensure, so far as is reasonably practicable, that persons not in his employment who may be affected thereby are not thereby exposed to risks to their health or safety...
?

Rather it seems to me to be draconian to threaten to remove these duties.
BJC  
#27 Posted : 03 December 2009 09:01:55(UTC)
Rank: Guest
Guest

Obviously that bit isnt be the best!
jwk  
#28 Posted : 03 December 2009 12:05:23(UTC)
Rank: Super forum user
jwk

BJA,

I meet my peers and I work with my colleagues and I don't see jobsworths. Read this forum; on the whole people are going to tell you to do a risk assessment and keep things in proportion. What's jobsworth about that?

Problem is, there are literally millions of H&S decisions taken every week, by practitioners, project managers, production managers, machine operators, drivers, nurses etc etc. Almost all of these are good, proportionate decisions. A few every month might be a bit OTT. The people in the media don't care about the good decisions, but they will pick up on the very small number of OTT ones; or they will distort good ones to make a story. Because of the peculiar way people's brains are wired these few then come to represent reality (availability, heuristic if anybody is still reading) and hey presto! We have a world gorn maaad. In fact, it's not done any such thing.

Most people who make risk decisions make reasonably good ones, and the bad ones areas are as likely to err on the side of excessive risk as excessive control. Which is why people get killed at work at the rate of four a week. Which is the real point,

rant over,

John
tabs  
#29 Posted : 03 December 2009 16:12:37(UTC)
Rank: Forum user
tabs

*sigh*

Of all the things a man of power could do, he chooses to potentially address a non-issue with yet more incorrect assessments and poor judgements.

What if hanging baskets go from outside pubs? What if only teachers willing to plan an activity properly take kids on trips?

Sort out old people dying of cold. Sort out old people being abused in care homes. Sort out children dying at the hands of their parents. Sort out soldiers dying to protect oil rights. Sort out soldiers dying of IED's because their vehicles lack proper armour. Then sort out the cowboys employing people without even a cursory care of H&S. Sort out standards that should be met before entrusting H&S to someone. Sort out the things that matter - not what some people think infringes on their free will to do the mundane.
Safety Fairy  
#30 Posted : 03 December 2009 20:45:07(UTC)
Rank: New forum user
Safety Fairy

"Sort out old people dying of cold. Sort out old people being abused in care homes. Sort out children dying at the hands of their parents. Sort out soldiers dying to protect oil rights. Sort out soldiers dying of IED's because their vehicles lack proper armour. Then sort out the cowboys employing people without even a cursory care of H&S. Sort out standards that should be met before entrusting H&S to someone. Sort out the things that matter - not what some people think infringes on their free will to do the mundane."


100% agree tabs - well said!!!
Al.  
#31 Posted : 03 December 2009 21:09:16(UTC)
Rank: Forum user
Al.

I have just worked out what happened to the old forum and discovered the new one! Hello!

For anyone who hasn't yet done so, I urge you to reads the transcript of the full speech at
http://www.conservatives...f_health_and_safety.aspx

Jay posted it above but it is worth positing it again. Reading the full transcript gives a completely different impression of what Mr Cameron said compared with the media reports. You can see what he emphasised and what he just touched on in passing. I will go further and sat that you cannot really comment on what he said unless you were there in the hall or have read the transcript. Otherwise you are commenting on what a journalist wrote, not what Mr Cameron said.
Al.  
#32 Posted : 03 December 2009 21:11:45(UTC)
Rank: Forum user
Al.

I have just worked out what happened to the old forum and discovered the new one! Hello!
(But posting here is not easy - this is the second attempt at getting this post on the forum. And I have no idea how to get paragraphs to be fomatted!)


For anyone who hasn't yet done so, I urge you to reads the transcript of the full speech at
http://www.conservatives...f_health_and_safety.aspx


Jay posted it above but it is worth positing it again. Reading the full transcript gives a completely different impression of what Mr Cameron said compared with the media reports. You can see what he emphasised and what he just touched on in passing. I will go further and sat that you cannot really comment on what he said unless you were there in the hall or have read the transcript. Otherwise you are commenting on what a journalist wrote, not what Mr Cameron said.

And what he said makes so much sense to me. He has hit the nail right on the head. He spoke about Britain’s long and noble history of legislating on health and safety matters and the protection it has afforded to workers and members of the public – of which we should rightly be proud. He identified areas where health and safety legislation and its robust enforcement are needed and will continue to be needed to protect workers and members of the public. But he also spoke about what has gone seriously wrong with the spirit of health and safety in the past decade and asked how it has been allowed to happen.

He acknowledges that much of the public perceptions are based on myths and misunderstandings but he rightly points out that regardless of whether they are based on myths, an insidious risk aversion is seeping into our culture and is this which we need to address. It is not a non-issue, it is really there. Not always in your face but out there in the ways many people now think and act. And something a fundamental as that does need to be tackled.

The HSE speak about the need for “sensible health and safety” but don’t really do much to make it happen other than talk. Here is a man with a plan to bring about change and set us back on the road to sense. I was so impressed when I read his speech that I might even do something I have never ever done before and that is consider voting Conservative in the coming election……..or would that be going too far?


boblewis  
#33 Posted : 04 December 2009 09:09:27(UTC)
Rank: Super forum user
boblewis

Al.

Well said

Bob
jwk  
#34 Posted : 04 December 2009 09:36:36(UTC)
Rank: Super forum user
jwk

Al,

Nothing has fone wrong with 'the spirit of Health and Safety'; he's still stalking paper tigers. Quite literally, since this particular tiger is the love-child of neo-conservatives and their allies in the UK media.

I don't see risk aversion, except in a few cases among a few people, I do see better protection in some areas against random death and disability. Almost all the cases politicians, of whatever stripe, use to knock H&S either never happened (hanging baskets is the classic one here) or are so trivial as to make me wonder where people's sense of priority is. Tabs hit the nail on the head; can politicians please talk about something important,

John
Brett Day SP  
#35 Posted : 05 December 2009 16:13:49(UTC)
Rank: Forum user
Brett Day SP


"From the first link Mr Cameron says: "The Health and Safety at Work Act would also be amended to ensure the danger of prosecution does not put teachers off from taking children for adventurous activities."

Perhaps he intends to remove schools or children from being subject to it??? Back to the good old days before the Apprentices Act, I say!"

I sincerely hope not, as former RAF SAR I attended many sorties picking up school groups where the teacher involved had exceeded his competance and had taken students out in weather that they should not have been out in at all - the weather conditions would have been a challenge to properly equipped mountain leaders. Let alone a school group wearing plastic macs, jeans and trainers.

Working for a bushcraft and survival school we run a course for some teachers a while ago and we had a I-Know-it-all on the course, when we pointed out that apart from the main issue of the safety of his students he could be prosecuted he reined his neck in and started to pay attention and (we hope) learned some skills that may prevent some of my former collegues having to recover him or his poor students.
DavidBrede  
#36 Posted : 05 December 2009 23:48:58(UTC)
Rank: Forum user
DavidBrede

Looks like the Tory Leader has mis timed this one. He seems to have lost his touch all round
PhilTye  
#37 Posted : 07 December 2009 15:54:47(UTC)
Rank: New forum user
PhilTye

Cameron simply has not got a clue about anything, god help this country if he and his etonian friends get elected.
Moderator 3  
#38 Posted : 08 December 2009 10:28:37(UTC)
Rank: Moderator
Moderator 3

Please stick to the topic which was:

Quote:
Tories to crack down on H & S


In addition you should attack the subject NOT the person.

Thanks

Jon
tabs  
#39 Posted : 08 December 2009 13:35:39(UTC)
Rank: Forum user
tabs

Al, I have taken your advice and read the whole speach. I stand by what I said previously because although I might agree with the sentiment, I see it is ill-informed and misdirected.

I am not going to do a critique of it as to do so would run to many hundreds of words minimum.

As a whole though, I think that worse than the media perpetuating myths this proposal would aim vast amounts of political will away from the real problems faced in the UK. I cannot see reducing bureaucracy in the way described as being that beneficial to anyone other than the ill-informed.

I do think reform would be good - but how can it be done from such a skewed viewpoint?

If I was a police officer, would I really be happy to be told to rush in regardless because public safety is at risk? Not always. Hardly ever. But if I am happy to, then fine leave it as my decision. So don't remove the protection of the police officer - increase the protection against disciplinary or legal procedures.

If I was a 14 year old girl, would I really be safe to be forced into activities because the teacher knew themselves to be outside of the requirements to risk assess my activity properly? Not ever. As a child I would be amongst the most vulnerable in society - I would not want my protections erroded due to a funding issue (all it ever comes down to is well-trained resources ... activities could always take place after proper planning - if they had someone other than a maths/art/DS/physics teacher to do the planning).

The law is quite good - the interpretation by courts, insurers and untrained "officials" needs to be sorted. That is easier done by memorandum than revolt.

The proposal runs the risk of loosing the baby in the bath water.
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