Hello - back now.....
On recent posts in this thread. The rules are very clear, however, the implementation of such rules is hardly ever done correctly.
1) The Health and Safety Law (act) always takes prescedent
2) The construction industry also follows the CDM regulations
Problems arise because to get their insurance, construction companies have to do what the insurance companies tell them to do.
Insurance companies have been breaking the law for ever, and still do, so have no problem with breaking and forcing others to break the health and safety law.
Under the Health and safety law you have a LEGAL DUTY to not do anything you think is unsafe to yourself or others. Plain and simple.
Under the CDM regulations the principle contractor must formulate and enforce site rules. Unfortunately this is wear the psuedo/anti safety rules dictated by insurance companies appear (e.g. mandatory PPE - even though the HSE state clearly that there is no such thing nor should there be.)
However, the CDM regulations also state a lot of other things that most principle contractors miss for instance, the HSE once pointed out to me the section that says something along the lines of 'all PPE (or maybe all safety equipment) requires a risk assessment to indicate proper use and when to take it off.)
Not sure what the penalties for a principle contractor not following the CDM regs are - possibly loss of insurance? I dunno, would probably be up to the courts to decide.
In industry companies do whatever they like (including breaking the law) until they are dragged through the courts.
By the way its a) technically against the law to screen your workforce for drugs without their consent.
and b) Unfairly dismissing someone is unfair dismissal
a) + b) = d) (court case) which should result in X (compensation).
As soon as X is a high enough figure for the industry to notice a and b will cease.}
You can contact the HSE directly through their website. They are very helpful and sensible.
On accidents caused by inappropriate PPE (i.e. all mandatory PPE is by definition inappropriate without a risk assessment), they have, do and will continue to happen. Nothing will change until either someone dies or enough court cases happen.
What usually happens is a cover up, (usually only very thinly disguised as everyone is worried about being sacked)
Often accidents other than reportable ones (RIDDOR) get called near misses in the construction industry so they can put up those '2750 safe days worked' etc bill boards up. Near misses are also easier to lose any record of.......I have heard of people being rushed to hospital with heat exhaustion due to inappropriate PPE, the resulting 'near miss' paperwork magically vapourised.
All we can really practically do (at the moment) is keep ourselves and our teams safe (which is the basis of the H+S law), keep OUR OWN records, cover our own arses. For instance, an archaeological team should have their own risk assessments, safety plan, safety reporting procedures etc. and an accident book. The client/ principle contractors have no right to access to your accident book.
I know that the RIDDOR regulations changed recently, so am not up to date on what the guidance for what to put in your accident book as an accident is.....however I would always advise on the over cautious as your accident book is a legal document that will be used in any resulting court cases.....e.g. someone cuts their finger on site.....a few days later falls Ill....a few days later still is in intensive care...a few days later suffers brain damage from infection due to the cut finger....a time later your in the docks!
Guess what I'm angling towards is the Health and Safety law is an 'enabling law' but it's up to all of us to use it to change things for the better.
There is no need to be confrontational on site, after all the principle contractor site manager/ safety officers etc are just doing their jobs, sometimes as best as they can under difficult conditions. But keep your eyes open, keep yourself and others safe and remember keep records!
Oh and one more thing......large construction companies often have a 'anonymous' issue/near miss reporting system. This is never a completely iron clad way to get things changed (as cards can be 'lost') but can effect change.........but remember positive reinforcement is often stronger than negative! Reward them when things are done correctly!
