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MEden380  
#1 Posted : 21 June 2010 16:54:34(UTC)
Rank: Super forum user
MEden380

Lord young comments in the Times "the Emergency Services should be exempt from Health and Safety Legislation" Now we know he shouldn't be in charge of the review of H&S Legislation, are Emegency workers not entitled to some form of protection when they carry out their dangerous work? Most of the Regulations have an exemption clause about armed services, emergency services and written discression by the Minister responsible for the legislation. The man clearly does not think before he puts his mouth into gear. I support a review, but not with this ill informed and dangerous person at the helm.
peter gotch  
#2 Posted : 21 June 2010 17:11:10(UTC)
Rank: Super forum user
peter gotch

Mark Some regulations have exemptions for the armed forces, but not the emergency services. Lord Young does not appear to understand that there are protocols in place between HSE and various emergency services. HSWA was amended in 1997 to specifically ensure that police officers were afforded protection. P
pete48  
#3 Posted : 21 June 2010 17:50:46(UTC)
Rank: Super forum user
pete48

Mark, you are dealing with politics here not everyday life. Why pre-judge an enquiry before it has even started in earnest based on your judgement of one person? Maybe his lack of detailed knowledge is causing some misapprehension at this stage so look at his comments as statements of principle and you may find it easier to tolerate? Maybe the statement is intended to identify that the review will look at matters as they relate to how best to maintain an adequate level of personal safety for those whose work requires them to go knowingly into danger. But that is a load of technical speak that the average voter will have no time for, nor recognise. What they see is policeman prevented from helping someone in danger because of H&S. Thus the politician has to speak in similar language?? It is just the same statement with a different spin. What matters is what comes out in the report not what the politicians say along the way. p48
pete48  
#4 Posted : 21 June 2010 17:53:43(UTC)
Rank: Super forum user
pete48

aagh, buttons! and we should also remember that making statements is one way to flush out opinions, views and counter arguments to a range of matters; not necessarily an indication of ones own views or understanding. p48
Heather Collins  
#5 Posted : 22 June 2010 09:31:19(UTC)
Rank: Super forum user
Heather Collins

Pete You are right of course, but surely the man who is going to conduct the review shouldn't be making such one-sided sweeping statements before he's even started? It appears to be Lord Young who is doing the pre-judging here...
Nick House  
#6 Posted : 22 June 2010 10:17:56(UTC)
Rank: Guest
Guest

I've not read the statement yet, so perhaps it is difficult to comment properly, but what also needs to be taken into account is the context. Simply stating a 'one liner' so to speak can open things up for all kinds of misinterpretation. Also, everyone knows that the 'fourth estate' never let the facts get in the way of a good story. So, what could have been said as part of a wider comment could easily have been edited/ manipulated to create whatever spin the journo in question decided into the article. To be fair to Lord Young. Yes, so far he has made a few faux pas (sp?), but once this review getsunder way properly, there wil be all sorts of consultants and aides to bring his perspective back a notch.
Heather Collins  
#7 Posted : 22 June 2010 11:19:58(UTC)
Rank: Super forum user
Heather Collins

Of course the Times is now Subscription only so I can't read the article online.... However the Scotsman does publish some details here http://news.scotsman.com...lose-39health.6372954.jp Among the classic lines apparently uttered by Lord Young which show his impression of H&S legislation is this one "Every piece of electrical equipment in an office has to be checked every five years," he said. "There are risk-assessment officers all over the place. It's nonsense." Firm grasp of the way things work there then... He's also quoted the "banned toothpicks" incident - despite the fact that the hotel chain involved have said it was nonsense and there simply weren't any available on the night. What concerns me more is the way he describes this incident "There was a restaurant that banned toothpicks. You think, how could it possibly ban toothpicks? But some consultant who didn't know what he was doing was being paid a few hundred pounds to do a report and stuck 'ban toothpicks' at the end of it." Does he know that's what happened? It's the first time I've seen a consultant's report mentioned, or is he just using it as an excuse to bash our profession? Anyone know the truth behind this one? Finally I'm not sure about anyone having the opportunity to "bring his perspective back a notch". The Scotsman article says "Lord Young is due to publish his report soon and will act as the Prime Minister's adviser during its implementation." I can't wait...
bod212  
#8 Posted : 22 June 2010 12:14:14(UTC)
Rank: Forum user
bod212

Trying not to show political bias one way or the other, here... Surely by exempting emergency services (for example) will create more rules and regulations as they will need some form of guidance. More guidance will invariably lead to more poor interpretation. Poor interpretation lies behind most if not all the bad decisions made in the name of health and safety. Why can't the focus be on guiding people to better interpret the existing acts and their regulations? Inaction lies behind the use of 'elf 'n safety' as a get out for some people. All jobs, disciplines, professions, vocations, etc. have hazards and the risk arising from them. It is how they are managed and controlled that needs reviewing not the legislation that governs them. I believe there was a case in Perth a few years ago where fire fighter(s) were killed in attempting to rescue a trapped colleague in a silo. They succumbed to the same fate as the first guy because they chose to follow their instinct. Sadly the outcome resulted in further loss of life. I for one don't believe a review/ exemption will save lives, on the contrary it could take more lives. Whilst it is sad that 'inaction' by emergency services has happened I think this so called 'expert' needs to look behind the circumstances and examine how the people involved arrived at their decision. I doubt very much an 'elf 'n safety' rulebook was produced as reason not to act. The preservation of other lives is a much more plausible reason.
Clairel  
#9 Posted : 22 June 2010 13:57:30(UTC)
Rank: Super forum user
Clairel

I'm sure that technically they can't remove emeregency services from the legislation - some smart lawyer would be bound to start citing the Human Rights Act or something. What you are effectively talking about is a form of Crown Immunity, which doesn't exist anymore. However, I think you are all worrying unecessarily. I really don't think that anyone in the Emergency Serices stops doing their job becuase of H&S Regs: Does the fireman not go into the fire because it's a breach of legislation or becuase it's not safe to do so. Does the Community Support Officer not jump into the lake to save a child becuase of H&S legislation or becuase they don't think it's safe to do so. Fire service personnel have repeatedly made the mistake of going into silos and underground tanks to rescue someone and ended up in trouble themselves. Legislation being there or not will not change that. Better training will!!!! I don't think he will be able to force through Crown Immunity and even if he did I really can't see it having an impact on day to day activities of the emergency services.
Paul Duell  
#10 Posted : 22 June 2010 14:14:11(UTC)
Rank: Forum user
Paul Duell

I'm waiting with bated breath to see how this ends. At some point, he's going to have to publish a report which lists which regulations he wants to see scrapped. "The one that says electrical equipment has to be tested every five years...oh, it doesn't exist... The one that says hotels mustn't give out toothpicks...oh, it doesn't exist... The one that says actors in pantomime can't throw sweets...oh, apparently that doesn't exist either..." While much of H&S law does need to be reviewed, and certainly the problem of poor interpretation needs to be addressed, I can't see how Young is going to come out of this without a substantial amount of egg on his face, given some of the things he's been quoted as saying.
RayRapp  
#11 Posted : 22 June 2010 14:58:25(UTC)
Rank: Super forum user
RayRapp

I think those working for the blue light services should be included in health, safety and welfare legislation, but nonetheless it has caused serious issues for those working at the sharp end. I certainly do not believe HSWA was ever intended to be used in the manner the CPS used it to prosecute Lord Condon and Stevens, or the HSE prosecution of the Met Police for the De Menezes fatality. However, the problem, as is often the case, lies with the use and interpretation of legislation and not the actual Act itself. I do agree if Lord whatisname is spouting about immunity for the emrgency services without conducting a proper and impartial review, then it is poor form and does not bode well for a meaningful report.
Bob Shillabeer  
#12 Posted : 22 June 2010 15:22:19(UTC)
Rank: Super forum user
Bob Shillabeer

Am a little uneasy about this sudden review of the H&S law that has been in place since 1974 under its current form and overall has worked very well. There have been additional pieces of specific legislation added over the years and overall work very well. Now the Gocvernment wants to undo some of this because it makes it easier for industry to work. Brings back the thought of cutting the progress that has been made over the years because it reduces the profit the company can make not that it is better. I think the whole thing is risky and being done for one thing, not to improve safety at work but to reduce the work and possible cost to business. Hope you all work for a progressive company else look out for reduced safety.
Bob Shillabeer  
#13 Posted : 22 June 2010 18:16:32(UTC)
Rank: Super forum user
Bob Shillabeer

What no responses yet, perhaps it is now accepted that the last 30 odd years of progress is to end then.
bleve  
#14 Posted : 22 June 2010 19:40:32(UTC)
Rank: Super forum user
bleve

I cant see the harm in reviewing and updating/consolodating legislation. It could actually be beneficial.
Bob Shillabeer  
#15 Posted : 22 June 2010 19:49:19(UTC)
Rank: Super forum user
Bob Shillabeer

Ah Bleve, good to know someone is prepared to discuss. The HSE are the body who review all safety legislation thats why we get updated Regulations etc. The last Government put in place ways of updating legislation as and when it became necessary hense the Regulatory Reform legislation that has been used to update fire arrangements and the updating of penalties. Therefore why is there a need to have a major review if not to abolish several pieces of legislation to make it easier for employers to avoid the duty of taking care of his employees safety while at work?????
terrypike  
#16 Posted : 22 June 2010 21:38:21(UTC)
Rank: Forum user
terrypike

Whether this review is good or bad depends on the motive behind it. From Lord Young's rhetoric I have the feeling that this report will have nothing to do with improving the legislation, but more to do with saving businesses money at the expense of the workforce, I've seen the money men in the company rubbing their hands with glee in the hope H & S legislation will be watered down. His comment about the emergency services gives me the impression that he thinks anyone injured or killed carrying out this essential service or any other work is just collateral damage. The present legislation has made Britain one of the safest countries to work in, now it looks like Lord Young is going to throw this progress away.
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