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stevie40  
#1 Posted : 17 March 2011 14:11:09(UTC)
Rank: Super forum user
stevie40

I've been asked to respond to this statement in respect of Lord Young's report. "fire safety.....is far away from his jurisdiction and specifically excluded from his remit." Statement has been made by someone touting for business and I am certain it is incorrect. I can see nothing in Lord Young's terms of reference that specifically prevented him from considering fire risk assessments. Is there any basis to the statement? PS: Query relates to low risk office environments.
Ron Hunter  
#2 Posted : 17 March 2011 16:12:48(UTC)
Rank: Super forum user
Ron Hunter

Lord Young's career included business and politics. The use of the word "jurisdiction" is somewhat meaningless and irrelevant. LY has no sphere of authority or power to exercise over anything or anyone. As for his remit: I give you "To put a lofty signature to a preconceived set of beliefs and foregone conclusions already drafted by a quasi-anonymous yet politically aligned Policy Unit"? Was fire safety part of that done-deal? No. Did LY actually do any first-hand twork on that Report? No! Just my middle-of-the-road opinions, mind.............
kevbell  
#3 Posted : 17 March 2011 16:27:46(UTC)
Rank: Forum user
kevbell

Well said Ron Hunter
firesafety101  
#4 Posted : 17 March 2011 17:33:12(UTC)
Rank: Super forum user
firesafety101

Why have you been asked to respond? Who has asked you to? What's this got to do with anything anyway? Personally I haven't read Lord Young's report because I just don't have enough interest to. Any changes to the rrfso would be published and until that happens I'm not interested in what Lord Young may have or may not have said.
messyshaw  
#5 Posted : 17 March 2011 17:56:33(UTC)
Rank: Super forum user
messyshaw

ChrisBurns wrote:
Personally I haven't read Lord Young's report because I just don't have enough interest to.
Top post. I couldn't have put it better myself!!
stevie40  
#6 Posted : 17 March 2011 18:40:30(UTC)
Rank: Super forum user
stevie40

So, two political opinions, a "justify the question" post and 2 people agreeing with the political opinions. It would be nice if someone would just answer the question otherwise the forum serves little purpose imho.
barnaby  
#7 Posted : 17 March 2011 19:39:58(UTC)
Rank: Guest
Guest

Lord Young's terms of reference, according to annex a of the report state: "To investigate and report back to the Prime Minister on the rise of the compensation culture over the last decade coupled with the current low standing that health and safety legislation now enjoys and to suggest solutions. Following the agreement of the report, to work with appropriate departments across government to bring the proposals into effect." Whether this includes fire safety depends on how you interpret this. "Health and safety legislation" could include fire safety legislation (certainly Lord Young has taken this to include food safety) and "compensation culture" could encompass fire safety too. However, it is clear that Lord Young gave little consideration to this. None of his recommendations referred to fire safety. The only agencies involved in enforcing legislation who are required to take action are the HSE and the Food Standards Agency. The recommendations in relation to health and safety legislation are all about legislation enforced by the HSE. In fact the only references to fire services is about firefighters not being "at risk of investigation or prosecution under health and safety legislation when engaged in the course of their duties if they have put themselves at risk as a result of committing a heroic act." Or, as succinctly said above:
ron hunter wrote:
Was fire safety part of that done-deal? No.
Canopener  
#8 Posted : 17 March 2011 20:54:48(UTC)
Rank: Super forum user
Canopener

It would be nice if someone would just answer the question otherwise the forum serves little purpose imho.
Steve, in fairness I thought Ron did essentially answer the question, which was, " Is there any basis to the statement, fire safety.....is far away from his jurisdiction and specifically excluded from his remit.". As Ron pointed out, LY didn't have any 'jurisdiction' at all, he 'wrote' a report; that doesn't give jurisdiction and I suggest, nor was it ever intended to. So, that's the first bit answered! I haven't read the TORs but I suggest that get them back on screen and use a search/find feature to prove or disprove the statement regarding fire i.e. search for "fire" and take it from there!! On the other hand, if this is someone touting for business, why not ask THEM to justify THEIR statement, by pointing you in the direction of where it says that LY was SPECIFICALLY prevented from considering 'fire'. Just a thought!
Canopener  
#9 Posted : 17 March 2011 21:05:08(UTC)
Rank: Super forum user
Canopener

I just read the terms of reference at annexe A to the report "To investigate and report back to the Prime Minister on the rise of the compensation culture over the last decade coupled with the current low standing that health and safety legislation now enjoys and to suggest solutions. Following the agreement of the report, to work with appropriate departments across government to bring the proposals into effect." Search/find function was not required for the grand total of 56 words, and I think that I can safely say that fire safety is NOT SPECIFICALLY excluded from LYs remit. Unless I am going totally tonto! Right then, anyone got 2 pencils and a pair of underpants?
cliveg  
#10 Posted : 17 March 2011 21:11:08(UTC)
Rank: Forum user
cliveg

Hello No, it wasn't specifically included. Fire safety gets a fleeting mention in the specimen stripped down risk assessment for an office. Other than that, all mentions of fire are in connection with application of the Act to the Fire & Rescue Service, and that is along the same lines as the application of the act to the police. Hope this helps. Clive
Canopener  
#11 Posted : 17 March 2011 21:23:39(UTC)
Rank: Super forum user
Canopener

Clive, indeed, there were a number of references to fire and the fire service etc, but Steve's query was not whether fire safety was INCLUDED but rather whether fire safety was specifically EXCLUDED; which it is NOT (as far as I can see)
cliveg  
#12 Posted : 17 March 2011 21:29:47(UTC)
Rank: Forum user
cliveg

Hello Phil Fair enough! No it's not excluded. The main focus was more around the 'ambulance chasing lawyers' rather than the legislation or its application. Having clearly failed to read the question - I'm now off to check my Open Assessment paper..... Cheers
stevie40  
#13 Posted : 17 March 2011 22:09:32(UTC)
Rank: Super forum user
stevie40

Thanks for the subsequent replies - most helpful. To explain the background a little now that I've laid off the caffeine since post no 6. The firm I work for employs an external H&S consultancy. Apart from my role which is visiting construction sites, all other employees are based in office environments ranging from 2 persons to 200 persons around the UK. Our HR dept who oversee the management of internal H&S asked the consultancy to scale back the audit visits to the smaller offices employing 2-3 people on the basis that we would use self assessment for these sites. They are typically small offices within a rented multi-tenure building / office tower and pretty low risk. Our HR dept cited Lord Young's proposals and the HSE's new office 20 minute risk assessment tool. The consultant has pointed out that "self assessment is a definate no no" and that Lord Young had no business commenting on fire - as per the quoted line above. They then went on to suggest our insurances would be invalidated if we went down this route. Now I known Reg 7 of the management regs and I know insurers attitudes to risk assessments / audits. I was unsure about the fire aspect. To my mind though, the new HSE 20 minute tool for low risk office environments seems to be a direct response to Lord Young's report and it includes provision for fire safety aspects. Remember, we are talking a single room with 2 people here and I would suggest these would be ideal candidates for the tool. I could not see anything specifically excluding fire from LYs report. My response is to my HR department to advise them how to respond to the consultants claims.
Ron Hunter  
#14 Posted : 17 March 2011 22:50:06(UTC)
Rank: Super forum user
Ron Hunter

Phil: "Wibble, wibble? Stevie: Your consultant is simply trying to hang on to some work in extremely difficult times. Maybe throwing a few curve-balls, maybe even clutching at straws. The HR proposals are probably perfectly justifiable, without any recourse or need to refer to the LY report. Oh - and whilst I did enjoy a good rant (above)(LY Report - I'll never let that pass without doing all I can to discredit it); I also answered your initial questions as you set them! ;-) Magna est veritas et prevaelabit (or summat like that)
Canopener  
#15 Posted : 18 March 2011 15:12:09(UTC)
Rank: Super forum user
Canopener

Ron, indeed! I think you have hit the nail on the head, the consultant is simply trying to hold onto the work, which from Steve's description seems to be money for old rope. Steve, of course 'self assessment' is NOT a definite 'no no' at all, and it seems to be entirely reasonable in many circumstances to do so, as long as the people doing the assessment are competent. You don't have to be a super IOSH qualified practitioner to carry out the majority of simple risk assessments, especially in the lower risk environments (I know I am going to be taken to task for this Lord Young style comment). And of course, you don't have to justify your approach to the contractor/consultant. I think it is almost certainly a nonsense that your insurance (ELI?) would be invalidated. I suspect a consultant grasping at straws and trying to keep their heads above water. The alternative would be that they genuinely believe their advice to be correct and if so, I can't help but wonder if you should be using them!
safetyamateur  
#16 Posted : 21 March 2011 10:11:49(UTC)
Rank: Super forum user
safetyamateur

In answer to the original question: who cares?
stevie40  
#17 Posted : 21 March 2011 12:27:13(UTC)
Rank: Super forum user
stevie40

safetyamateur wrote:
In answer to the original question: who cares?
What kind of reply is that? Are you suggesting the question should not have been asked or is it just your view of Lord Young? I'd love an explanation.
safetyamateur  
#18 Posted : 21 March 2011 14:16:41(UTC)
Rank: Super forum user
safetyamateur

Most definitely the latter, stevie. Unhelpful, I know, but couldn't resist.
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