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13th March 2007, 11:09 PM
I have recently voiced my concerns in a letter written to all MEPs representing the main political parties.I have so far received one acknowledgement and a promise of a reply by only one of those offices-perhaps significantly from the Green Party.I also sent the same letter to the DCMS for their observations and have received a similar promise of a full response.Watch this space......:face-huh:
..knowledge without action is insanity and action without knowledge is vanity..(imam ghazali,ayyuhal-walad)
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14th March 2007, 01:31 AM
As a curator I always ask for a copy of the risk assessment, sometimes they are sent to me. This is to ensure that I am taking all necessary precautions when visiting the site to monitor works. If I see obvious omissions or issues with the risk assessment before work starts on site I draw these to the attention of the unit. If I am monitoring a site and feel that there is an issue I draw it to the attention of the site supervisor and we discuss the issue. In the majority of cases we can solve the issue. If I still feel that there is a safety issue I take photographs to illustrate the issue and inform the site supervisor or project manager that as I am not trained in health and safety practice I need to call in an expert, that expert is the Health and Safety Executive. This tends to solve most problems and in some cases has led to units filling trenches and leaving sites.
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14th March 2007, 10:40 AM
Quote:quote:Originally posted by mercenary As for employment law: as it is [u]law </u>I presume that some level of government is responsible for enforcing it, even if it's not the local authority.
Aye, but there in lies the rub. In the UK there is no government or local government employment law enforcement body. Unlike many European countries which do actually have an employemnt law enforcement agency (generally also covers the functions of HSE inspectorate, mines inspectorate, railways inspectorate etc). The only remedy for many breaches of employment law is for individuals to take their employers to court or tribunal (which is not a speedy or cheap process).
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14th March 2007, 01:56 PM
Quote:quote:As for employment law: as it is law I presume that some level of government is responsible for enforcing it, even if it's not the local authority
Breaches of Health and Safety law are a criminal matter, and there is an enforcement body - the Health and Safety Executive. I believe that local authorities also have some responsibility in this area, but I couldn't swear to it or quote chapter and verse.
Employment law, on the other hand, is a civil matter, not part of criminal law. As with nearly all civil law, it is up to the aggrieved individual to 'enforce' the law by sueing their employer.
As for action by curators - if they do intervene in an employment dispute, they will be exceeding their powers, and may open themselves as individuals or the council as their employers to legal action by one of the parties in the dispute. In principle, they may also open the council to censure by the Audit Commission, as they will be using Council money/resources to pursue an issue outside the Council's remit.
1man1desk
to let, fully furnished
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14th March 2007, 02:19 PM
Very true all of you...
I agree with the -- show me your Risk Assesment approach ... hmmm... maybe I better talk to someone who knows better!
Gentle persuasion and not outside what we can actually do (under our remit.)
"No job worth doing was ever done on time or under budget.."
Khufu
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14th March 2007, 03:01 PM
'Breaches of Health and Safety law are a criminal matter, and there is an enforcement body - the Health and Safety Executive. I believe that local authorities also have some responsibility in this area'
1m1d - you are correct - the Environmental Health Officer at the local authority is the prosecuting authority for breaches of some H & S Regs.
Beamo
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"She is, therefore, not surprised to learn that the guidelines have failed to give adequate protection to sites of archaeological importance. The commercialisation of archaeological intervention is an extremely worrying trend, especially when taken alongside the under-resourcing of county and city curators and the absence of a well regulated professional body. The absence of any public awareness or involvement in excavations would appear to compound the problem"
This is an opening response from an MEP representing the Green Party to a letter that I sent to MEPs of all major parties and also to the DCMS.It is of note that despite assurances that I would receive a response from the DCMS within a couple of weeks and, despite numerous reminders on my part, I still await a response after at least three months of waiting.:face-huh:
..knowledge without action is insanity and action without knowledge is vanity..(imam ghazali,ayyuhal-walad)
