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pseudonym  
#1 Posted : 05 October 2021 13:31:42(UTC)
Rank: Forum user
pseudonym

Wonder if anyone can help out quickly?

Specifically, which pieces of H&S legislation require 'supervision'?

Thanks. P

CptBeaky  
#2 Posted : 05 October 2021 14:05:56(UTC)
Rank: Super forum user
CptBeaky

Easiest and most relevant is the Health and Safety at work etc. Act 1974

section 2 (c) the provision of such information, instruction, training and supervision as is necessary to ensure, so far as is reasonably practicable, the health and safety at work of his employees;

It is also referenced in the managment of health and safety regulations, in regards to working with young people (19 3 (b))

CptBeaky  
#3 Posted : 05 October 2021 14:13:31(UTC)
Rank: Super forum user
CptBeaky

Just to clarify, all employees require supervision, so far as is reasonably practicable. This is regardless of all other legislation. If another piece of legislation does not mention "supervision", it is over-ridden by the HASAW etc. act 1974, as this is the highest piece of legislation in relation to health, safety and welfare at work.

You must supervise your employees, where it is reasonably practicable to do so, or you are not meeting your legal obligations.. end of...

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pseudonym on 05/10/2021(UTC)
HSSnail  
#4 Posted : 05 October 2021 14:13:37(UTC)
Rank: Super forum user
HSSnail

also management regs.

Health and safety arrangements

5.—(1) Every employer shall make and give effect to such arrangements as are appropriate, having regard to the nature of his activities and the size of his undertaking, for the effective planning, organisation, control, monitoring and review of the preventive and protective measures.

(2) Where the employer employs five or more employees, he shall record the arrangements referred to in paragraph (1).

While it does not use the word supervise i wonder how you can do any of those things without surevision being part of it. The ACOP that went with them used to make it very clear - but unfortunatly it was witdrawn under the drive to stop "gold plateing" safety

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pseudonym on 05/10/2021(UTC)
Evans38004  
#5 Posted : 06 October 2021 08:43:57(UTC)
Rank: Forum user
Evans38004

Although I agree with and understand the "legal requirement" - these legal documents were based to some extent on the Factories Act and the old assumption that everyone works in factor, shop or office environment. In todays' working environment, there are home-workers and others in a geographical diverse workplace, where there is no very little opportunity for a worker to be supervised. Therefore the "so far as is reasonably practicable" aspect is important for organistions with these issues
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A Kurdziel on 06/10/2021(UTC)
A Kurdziel  
#6 Posted : 06 October 2021 09:02:27(UTC)
Rank: Super forum user
A Kurdziel

There  was a case some years back  when Westminster Council (I think) prosecuted a lift maintenance company after one of their engineers fell down a lift shaft. One of the things they did them for was a “lack of supervision” but it was never explained how an employer is meant to supervise peripatetic staff unless they assign a manager to follow them around, which is of course ridiculous.

CptBeaky  
#7 Posted : 06 October 2021 09:54:33(UTC)
Rank: Super forum user
CptBeaky

The degree I am studying had a similar situation given to me for one of the assignments (I won't go ino detail for fear of breaking the rules of that degree). I suggested that random spot checks would be a reasonably practicable control measure to ensure that employees were vigilant and did not slip into bad habits. I was marked high and told this would be a good compromise.

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