Posted By Ian Waldram We all know the theoretical difference between published HSE Guidance and an ACoP, and I note that some participants in this Forum believe that an ACoP is really very much more powerful than HSE Guidance (see the discussion here re Directors’ responsibilities). Are we sure that is actually the case? Many organisations, especially smaller ones without in-house professional OSH advisors, are willing to comply with basic, well-proven OSH requirements – their usual problem is not reluctance to comply, but finding out authoritatively ‘what they have to do’. That is one reason for demands for clear, prescriptive legislation. Of course, actually writing clear, prescriptive standards which apply universally is often a tricky, if not impossible, task – but that is a different issue! In my experience, when Regulations and accompanying ACoP and Guidance are published as a single document, most duty holders don’t bother much about which is which – they just take it all as authoritative. Similarly, where HSE publishes technical guidance, it is usually followed with little questioning, i.e. it is treated very much as if it was an ACoP. Therefore it strikes me that the difference between HSE publishing an ACoP and Guidance is perhaps of less relevance than many practitioners believe – as professionals, we love to explain and debate the differences, but do most employers actually care? Does anyone have examples where an ‘average’ duty holder was willing to comply with Regs or an ACoP, but deliberately ignored HSE Guidance, with less-than-adequate workplace standards as a result? Do any front-line Inspectors find there are real differences when they advise people to obtain and follow the different types of document? Are there examples where they would love to serve an Improvement Notice or prosecute, but don’t do so because the relevant standards are in Guidance rather than an ACoP? If the answers to any of the above are “Yes”, if would be interesting to have details, or at least an indication of the size of employer, the type of workplace and whether or not the OSH advice was in-house, a consultant, or from an enforcement agency?

Posted By Ken Taylor I think you have raised a fair and interesting point here, Ian. I often fail to remember whether something is in the ACOP or the Guidance and I suspect it's more to do with how we consider them as an entity rather than failing memory. As an in-house health and safety practitioner, I try to overcome something of the need for distinction by the employer by stating a need for adherence to specific HSE guidance within policies and generic risk assessments and argue that, as enforcement will be by the HSE, the best intention (and defence) is to follow their published guidance.