Comments by Katy Brown

Katy Brown - Workplace Law Network
Online advisor - 48 posts

Hi Tracey,

When the ban comes into force any workplace or public space that is considered to be enclosed or substantially enclosed will have to be smoke-free. If a workplace or public space does not fall under one of these categories, then smoking will still be allowed.

You say that your conservatory does not fall under either category but i would advise you to look at the regulations again because it possibly could. (In particular i would draw your attention to the fact an awning is classed as a roof under these regulations - even if it can be moved)

The Smoke-free (Premises and Enforcement) Regulations 2006 say:

2.?(1) For the purposes of section 2 of the Act, premises are enclosed if they?
(a) have a ceiling or roof; and
(b) except for doors, windows and passageways, are wholly enclosed either permanently or temporarily.

(2) For the purposes of section 2 of the Act, premises are substantially enclosed if they have a ceiling or roof but there is?
(a) an opening in the walls; or
(b) an aggregate area of openings in the walls,which is less than half of the area of the walls, including other structures that serve the purpose of walls and constitute the perimeter of the premises.

(3) In determining the area of an opening or an aggregate area of openings for the purposes of paragraph
(2), no account is to be taken of openings in which there are doors, windows or other fittings that can be
opened or shut.

(4) In this regulation ?roof? includes any fixed or moveable structure or device which is capable of
covering all or part of the premises as a roof, including, for example, a canvas awning.

Katy Brown - Workplace Law Network
Online advisor - 48 posts

Paul, we?re glad to hear that you find Workplace Law Magazine so useful. We want to thank you for your comments, which are, of course, completely accurate. We have taken these comments on board, and will make efforts in the future to consider the needs of all of our readers.

Katy Brown - Workplace Law Network
Online advisor - 48 posts

Helen,

You are correct. The article should have read, "an employee has 'little' course of action". An employee does have the option of appealing an employer's decision - but an employer can still refuse. As you say the employee could then claim unfair dismissal but this claim would then be frozen until a decision is reached by the ECJ over the issue of mandatory retirement ages.

Katy Brown - Workplace Law Network
Online advisor - 48 posts

Helen,

The Safeguarding Vulnerable Groups Act 2006 received Royal Assent on 8th November, but, as of yet, there is no fixed date for it to come into force. However, the Government has indicated that it is aiming to phase in the new systems from autumn 2008.

Further information on how the new vetting and barring system will work can be found at: http://www.everychildmatters.gov.uk/_files/VBS%20-%20Web%20Doc%20-%20QA.doc

Katy Brown - Workplace Law Network
Online advisor - 48 posts

What affect will the new Regulations have on your business? Are the FPB correct in that the Regulations will be a burden on businesses? Or is it nothing that businesses aren't already doing?

Katy Brown - Workplace Law Network
Online advisor - 48 posts

Geoff,

There is no legal distance that printers should be kept away from employees, however there are recommendations and suggestions as to what this distance should be. Simon Hodge, of Bureau Veritas, comments that when it comes to printers in close proximity to staff the dangers need to be examined in context. For printers which have a low throughput, and are located on an open desk with adequate ventilation, the risks from ozone, emf and dust would be considered negligable. For printers in high volume use, the risk increases and it would be advisable not to locate printers in close proximity to staff (approx 2m). He adds that risks increase where office ventilation is poor and when machines are old and/or do not receive appropriate maintenance.

I hope this helps.

Katy Brown - Workplace Law Network
Online advisor - 48 posts

Dorian,

The Government is changing the law so employers will be obliged to give employees exactly what you offer now. The change in law is aimed at employers who currently make employees take bank holidays as part of there statutory holiday entitlement. When the change comes into force workers will have the right to take paid bank holiday leave and not have to use them as part of their twenty day holiday entitlement. The bank holidays will be in addition to the 20 days.

Hope this clears up the point for you.

Katy Brown - Workplace Law Network
Online advisor - 48 posts

Hi Eric,

I presume you mean a link to NICE's recommendations? If so the full guidance can be found on NICE's website at: http://www.nice.org.uk/cg43

Hope that helps.

Katy Brown - Workplace Law Network
Online advisor - 48 posts

Hi Tony,

This question has indeed been asked before and actually appears in Workplace Law's Dodging Bullets: advice for employers on tricky legal situations publication.

In answer to you question Martin Brewer, Partner at Mills and Reeve, comments:

"The Employment Equality (Religion or Belief) Regulations came into force in late 2003. As with existing anti-discrimination legislation it establishes 2 ways to discriminate. First directly (A treats B less favourably on the ground of religion), and second, indirectly (A applies a criterion, provision or practice which on the face of it applies equally to everyone but which, in fact, has a discriminatory impact on the particular group to which the individual belongs and also disadvantages him/her in particular).

"In employment you can discriminate, amongst other things, by subjecting a person to ?any other detriment? (other than dismissal for example). The ambit of this is very wide.

"The Regulations themselves do not require that an employer provides facilities for religious observance. However, most commentators think that if a request is made then it would be difficult for an employer to refuse. This facility need be no more than a quiet room, even one which has another purpose but which could be set aside for the relevant period when needed."

If you do decide to provide such a room at your workplace as far as I am aware there are no specific size requirements for a prayer room, although it obviously should be suitable for the number of people who are likely to want to use it at any one time.

The Muslim Council of Britain (MCB) website includes some information on this issue in their FAQs section http://www.mcb.org.uk/faq/answers.php?id=135. The MCB, with the DTI, have also produced a leaflet ?Muslims in the workplace ? A good practice guide for employers? http://www.mcb.org.uk/faith/approved.pdf

You might also find helpful a guide produced by ACAS, ?Religion or belief in the workplace? which includes a chapter on ?Religious observance in the workplace?. http://www.acas.org.uk/media/pdf/f/l/religion_1.pdf

Answers to other questions such as this can be found in Workplace Law's Dodging Bullets: advice for employers on tricky legal situations. Collated from the popular Workplace Law Network forum and online advice services, this book is a humorous yet extensively informative book bringing together 100 of the most surprising, entertaining and intricate of queries from employers in the areas of HR and employment law, health and safety, and premises management all for only £9.99. For more information or to order a copy visit:
http://www.dodgingbullets.co.uk/index.php?a_id=2636

Katy Brown - Workplace Law Network
Online advisor - 48 posts

At the end of August Workplace Law sent out a '£20 if you can prove you're competent' survey; we had some excellent responses and would like to thank everyone who took part.

The November issue of Workplace Law Magazine includes a full analysis of the survey and examines the issue of competency in both health and safety and human resources. (Members receive the magazine free as part of their subscription; non-members interested in purchasing a copy should call us on 0870 777 881). We've also listed all of the responses to the questions here in the Workplace Law forum; replies from those we considered to be winners have been highlighted. Please feel free to add your own comments and thoughts!

Links to other survey questions:
What makes you personally competent?
http://www.workplacelaw.net/forum/thread.php?thread_id=1506

Definition of a competent health and safety person?
http://www.workplacelaw.net/forum/thread.php?thread_id=1507


Is health and safety legislation full of confusing terms?
http://www.workplacelaw.net/forum/thread.php?thread_id=1508


Does being a member of a certain body make you more competent?
http://www.workplacelaw.net/forum/thread.php?thread_id=1509



Q. Tell us what you think makes you personally a 'competent' HR professional, and give us examples. Is it your years of experience, your specific qualifications, lessons you've learned from past situations you've found yourself in, your 'other qualities' etc.


Winner - Undoubtedly lessons learned, and normally those not found in any textbook. Particularly for me of late - how to interact and work with European Works Councils in line with business direction
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Winner - I keep myself up-to-date with changes in employment legislation with support from various sources: Xpert HR, HR Zone and from contact with other HR professionals. In addition, the experience I have built up over the last five years in HR has helped me to get a better understanding of how to deal with often complex employment issues. Finally, involvement in a number of cases where the underlying cause to a problem has not been self evident have moulded my approach to employment law issues such that I always investigate matters promptly and in detail before making any decisions or taking action.
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I believe I am competent through a mix of experience and education in terms of HR. It is important to learn the basic theory before putting into practice but as long as the basics are there the steepest learning curve is actually doing the job.


Q. If you had to write a definition of what makes a HR professional 'competent' what would it be?


WinnerSound (but not necessarily in depth) appreciation of UK and European legislation, particularly as regards mergers and acquisitions

Ability and experience to formulate REAL response plans to staff communication channels e.g. staff surveys

Understanding and experience of Talent Management and how this is managed as a strategic resource

On the personal level the ability to influence and contribute to the business goals at all levels

HR Directors need to be wanted, not "needed"
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Winner - A competent HR person is one who has strong morals and treats everyone fairly and consistently, but is also mindful of the implications for the business when dealing with people issues. Following the rules is obviously important, but competent HR professionals also need to be mindful of the people side of things when making very difficult decisions.
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In the HR profession competence is a continuous process. It is essential to be the best you can be professionally and not to rest on one's ' academic' laurels. This is achieved by experience on the job, by keeping abreast of changes in legislation, best practice and to always reflect on those things learnt as well as looking at future self-development.



Q. As a minimum what criteria would you look for when recruiting a senior HR professional? Does holding certain qualifications or being a member of certain bodies mean someone is considered to be more competent?


Winner - In a nutshell the capability one needs is to understand the strategic direction AND the Organisation of a business and to extricate the 5 key HR intervention areas. This has to come from 5-10 years relevant experience not study or qualifications, although I am finding that an understanding of the European legislation is becoming increasingly important
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Winner - When recruiting a Senior HR professional, I would initially look at their experience and the kind of issues in which they have been involved. Qualifications are important, but I would not view the absence of CIPD as precluding them from the short list. It?s a useful guide, but is not necessarily indicative of competence.
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Depends really how senior. In HR anyone in a senior position should have graduated from the CIPD and Ideally be Chartered MCIPD or above. This does not only show competence in terms of theory but also demonstrates in the case of MCIPD, competence in terms of practice and actual experience at a managerial level.

The second half of the question is difficult as it really depends on the area of competence that is being sought. E.g A senior HR professional may be a member of certain bodies etc and may have reached the top of the academic ladder however if they apply for a position of HR Director in a manufacturing environment and have had no experience of dealing with Unions they would not necessarily be the right fit for the role.

Katy Brown - Workplace Law Network
Online advisor - 48 posts

At the end of August Workplace Law sent out a '£20 if you can prove you're competent' survey; we had some excellent responses and would like to thank everyone who took part.

The November issue of Workplace Law Magazine includes a full analysis of the survey and examines the issue of competency in both health and safety and human resources. ( Members receive the magazine free as part of their subscription; non-members interested in purchasing a copy should call us on 0870 777 881). We've also listed all of the responses to the questions here in the Workplace Law forum; replies from those we considered to be winners have been highlighted. Please feel free to add your own comments and thoughts!

Links to other survey questions:

What makes you personally competent?
http://www.workplacelaw.net/forum/thread.php?thread_id=1506

Definition of a competent health and safety person?
http://www.workplacelaw.net/forum/thread.php?thread_id=1507

Is health and safety legislation full of confusing terms?
http://www.workplacelaw.net/forum/thread.php?thread_id=1508

Competence in HR http://www.workplacelaw.net/forum/thread.php?thread_id=1510



Q.Does holding certain qualifications or being a member of certain bodies mean someone is considered to be more competent?


It would be good to think that was so but holding qualifications and being members of organizations does not demonstrate competence of themselves, it can just mean that they can pass exams or pay subscriptions. It does not necessarily mean they adequately understand the requirements and can suitably act on Health and Safety issues.
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Winner - I have a fellowship and two memberships of professional bodies in addition to numerous other qualifications. I can firmly say that holding these qualifications does not make me more competent. However it does make it a lot easier to explain to other people that I am competent. If a body has rigorous standards that can be understood and trusted by other people (who may not be competent at the level required - or who have simply not had sufficient time to assess the person in question) then membership of these 'select' bodies does make it easier to assume that the person is competent. It does not actually change their competency.

When I was a trainee our electrical specialist used to get very frustrated by people that assumed that because they were fellows of the royal society etc. that they should be allowed to do as they wished. He was reputed to point out to these people that several corpses he has been introduced to during investigations had also been members of ...
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No! It's a blend of various traits, one of which is the application of common sense.

Competent is like eating a meal, once the ingredients have been prepared, have time to cook and occasionally a little sparkle added, to make the final dish satisfying and fulfil the pangs of hunger.

The magic sparkle is usually common sense, but occasionally it could also be further experience or knowledge.
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Winner - Not necessarily. I am a member of IOSH but my speciality is fire safety. I do not cross the boundary into other areas of H&S. Some might assume that because I am a member of IOSH then I must have an in depth knowledge of health and safety. The same applies to qualifications. Very useful but no substitute for experience.
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No. Adolf Hitler probably had several qualifications as a painter but I would not invite him onto one of my contracts, its what isn't written on the certificates that have the ability to catch you out. This can only be established by other skills and means.
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These provide documentary evidence to support the assertion that the person is competent, but competence must be judged on an individual basis.
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Not necessarily more competent it is a demonstration that you are committed to health and safety that you have worked hard and that you have the skills and experience necessary to act as a source of support to those who will undoubtedly rely on your knowledge and skills.
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No, experience, skill and knowledge far outweigh fancy certificates and posh membership and letters after your name
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Let's get real! Qualifications are needed in this day and age, especially IOSH/NEBOSH. And perhaps membership of an association such as IOSH. Looking in the job section of any jobsite or jobs paper will show that employers prefer this. However, experience gained over the years doing the job can mean a great deal and may in real terms be equal to a qualification.
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Experience goes a long way and unless you gain hands on experience you can sit examinations and gain qualifications all you like you will never be as competent as the man on the front line. Knowledge is one thing i.e. 'Knowing, familiarity' where as Practice is the method of procedure.
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Winner - Yes, but only if combined with current and past experience and continuing professional development because this is their evidence of understanding and knowledge. However, what is also very important is that skills and knowledge are constantly updated.
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Not necessarily - qualifications are not much help if an individual is does not make efforts to remain up to date on regulations, technology and communication.
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Winner - I believe that qualifications are generally seen as the ticket that enables an individual to prove their knowledge, the qualifications may be used in part to gain membership of relevant bodies but the real acid test is what the individual does and how he/she is able to conduct their undertaking to make legislative requirements real and pertinent to the people and the tasks in hand. On the whole qualifications and memberships are perceived as the measures of competency but in the real world people are judged on their values and behaviours and not on the labels they show.
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It helps, as the qualified person should therefore have an understanding of all the main factors contributing to good practice. However, it's often only through post-qualified experience that the person can interpret what they know in the context of the workplace: Theory isn't everything.
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Membership of a recognised body, IOSH in my case, provides a formal structure that demands a level of qualification, experience and continuing professional development. Personally, I feel that some of the benefits of membership of IOSH are a sense of achievement, pride and responsibility.
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Not necessarily. However membership of certain bodies does demonstrate a willingness to be open to industry news and a method of developing personal knowledge so that the knowledge can be communicated throughout a team or section of the workplace. Official bodies are normally closer to the truth than some organisations operating to encourage participation expensive courses or training sessions.
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Holding qualifications certainly help but they qualify you for 1 moment in time much like an MOT, unless you can prove you are constantly updating what you've learned with experience then they aren't much use unless they go on your CV.
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Winner - No, but certain qualifications can aid your reputation among other professionals and managers. Being a member of certain bodies gives you access to a much wider resource of health and safety tools. Both of these will help prove the competence of the practitioner, but not in isolation.
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A qualification is just like any other exam in that it demonstrates an understanding of the knowledge taught. At the end of the day it is about how knowledge gained is used in everyday situations.
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Absolutely not, there are people with impressive paper qualifications who have no practical knowledge of the working environment and how processes affect businesses and individuals. Membership of a body that is dependant on a combination of qualifications, practical experience and competence-based assessments does go a long way to demonstrating competence, but this does not mean that they are necessarily more competent than somebody who is not a member of that body.
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Winner - No, not necessarily. Many qualifications are merely a case of attending the correct courses, the final exams or assessments (if present at all), are usually not a particularly good indicator of 'competence' [there's that word again] in the subject area.

Being a member of relevant bodies is no indication of competence what so ever. The easiest route for membership is through obtaining a qualification. The other route is by proving knowledge and experience that can usually be accomplished by providing a CV and a few bits of associated documentation.
I believe legal competence should be attained by satisfactorily passing some form of exam that should include a practical element dealing with an appropriate situation whilst being assessed. People being assessed should show an appropriate level of people skills, sensitivity, realism, knowledge and practical application of that knowledge. People attaining a satisfactory result in the exam and assessment could then use the designatory letters 'CP'and have a suitably embossed card similar to the many contractors' cards currently available.
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Winner - Yes, I think this is currently the case. If it came down to it, in a court situation, it would be difficult to prove an individuals competency unless you had some paperwork to back up their industry experience alone.
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It can, if the qualifications or entry criteria are rigorous enough.
Personally I feel much more competent since studying and getting qualifications in H&S - I know much more, especially about areas I wasn't familiar with; I understand more; I had to tackle some issues in-depth which I otherwise would have glossed over; and I have a greater awareness of the wider world of workplace H&S "out there" beyond my experience.

Katy Brown - Workplace Law Network
Online advisor - 48 posts

At the end of August Workplace Law sent out a '£20 if you can prove you're competent' survey; we had some excellent responses and would like to thank everyone who took part.

The November issue of Workplace Law Magazine includes a full analysis of the survey and examines the issue of competency in both health and safety and human resources. (Members receive the magazine free as part of their subscription; non-members interested in purchasing a copy should call us on 0870 777 881). We've also listed all of the responses to the questions here in the Workplace Law forum; replies from those we considered to be winners have been highlighted. Please feel free to add your own comments and thoughts!

Links to other survey questions:

What makes you personally competent?
http://www.workplacelaw.net/forum/thread.php?thread_id=1506

Definition of a competent health and safety person?
http://www.workplacelaw.net/forum/thread.php?thread_id=1507

Does being a member of a certain body make you more competent?
http://www.workplacelaw.net/forum/thread.php?thread_id=1509

Competence in HR
http://www.workplacelaw.net/forum/thread.php?thread_id=1510


Q. Health and safety legislation is full of terms such as 'competent person', 'so far as is reasonably practicable', 'responsible person'. Do you think health and safety legislation contains too many vague terms? Which terms do you think are the most vague/confusing?

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There are an unhappy number of such terms but they are only vague if there is insufficient clear explanations of what is meant. All the terms can mean a variety of different things to different people so a clear definition to each such term can go a long way to resolving the confusion and misinterpretation. The word responsible for example can simply mean 'the named person' or it can mean 'the person with enough knowledge to be able to carry out the duties'. The other problem is that those framing the legislation etc. can have very different definitions in mind or, for example, preferences in proving competence.
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Winner - I have no problem with the 'weasel wording' because these words all mean something very precise once the case involved is being considered. There is no meaningful definition that can be used across all industries and all circumstances. At present I have safety responsibilities for a research University where there are staff involved in everything from £100million construction schemes, development of anti cancer medicines (which invariably means using highly carcinogenic materials on a daily basis), operating two farms and a boat out on the North Sea, right through to sitting at a PC in a nice warm safe office - writing lecture notes for distribution by the web. Without the flexibility of the comparative phrases like "so far as is reasonably practicable" and "suitable and sufficient" I would have to use a system that probably left one set of people drowned in paperwork and another set with inadequate safety controls on their work.

It is essential in dealing with terms like this to consider the stories that lead to their definition, and re-definition. This unfortunately means that for safety professionals there will be a certain amount of learning of case law but there is often little alternative.

The worst examples of such phrases are those that have not got stories to explain them. An example is the phrase "Best Available Technology Not Entailing Excessive Cost" (BATNEEC). This is because there is no case (like poor Mr. Edwards and "so far as is reasonably practicable") to assist in understanding the phrase, and there are also too many comparisons piled into one concept. I have always found it easier to work with one or two ideas at a time and then use a repetitive iterative process to come to a decision rather than to pile the whole lot into one go (as is attempted with BATNEEC).
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Winner - There are several terms that are ambiguous and open to interpretation. You have identified some above. Another ambiguous phrase is 'where necessary'. Sometimes it is better to turn these on their head and ask the question 'where is it not necessary'?.
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The maze of H&S legislation falls heavily on generic terms. (Competent person, Approved person, Authorising person,) It has become too ambiguous due to the failure to recognise situations from "the bottom up"
The "doers" rather than the prescribers should generate legislation. In general terms legislation is reactive rather than proactive "crimes are committed" "legislation is written" it contradicts all meaningful methodology of prevention. If the subject is studied at the correct level a series of carrots could be provided rather than a lot of sticks.
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A degree of vagueness is inevitable, as the legislation generally must be applicable to a wide range of situations and circumstances, and must therefore allow scope for interpretation by the Courts. However, certain definitions in the "Interpretation" section of legislation can be confusing when the definition of a term uses the term itself (e.g. in PUWER, "Thorough Examination" is defined as a thorough examination by a competent person)
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No if these definitions where not there than H&S law would become to prescriptive and the ability to act on your feet and rationalise your decisions would be lost.
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It could appear vague, however for the most part it is common sense that prevails. Taking responsibility for people, your environment and up-dating your knowledge on a regular basis.
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I don't have a problem with any of these. so far as reasonably practicable has already been defined in court. I can explain it to any one
Responsible person is not a problem to me but may be to those who will not accept the safety responsibility of their job.
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The HASAWA is not vague if you understand what is trying to be achieved. Not all industry operates the same. So what is 'reasonably practicable' for one company may be less so for another. One needs to define what is best in the interest of health and safety for that particular situation or environment. The term 'competent person' could be vague, but it will be applied to someone that companies will have ensured has sufficient training and knowledge of health and safety legislation. By doing this, they should be confident that they are complying. I believe that it is not a matter of vagueness. If your look closely everything can be easily interpreted. It is more that there is so much legislation, some that can perhaps be seen by the unfortunately uninitiated, as somewhat unnecessary, costly and time consuming.
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Like most Legislation these things are written in legal terms and are vague. The term 'so far as reasonably practicable' should be simplified. In essence this means 'not greatly less or more than might be expected' this is not an acceptable position to be in, unless of-course you are an employer. Legislation is there to be abided by and therefore terms like this should be more precise in there meaning. We might as well produce minimum standards and maximum standards and expect that employers fall between them, imagine what the courts would make of that.
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YES "so far as reasonably practical" is possibly the worst example that especially confuses employers. They think that it means if they do what they can to reduce the risk that absolves them of all further responsibility, and no further action is needed.

The have to understand that they have to judge the risk against the sacrifice that may occur, and to understand that foreseeability plays a large part in understanding the controls that have to be put in place.
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Winner - H&S legislation is very complex and is, without doubt confusing, even to the most qualified and experienced practitioner. It is a vacuum of 'grey areas' and full of legal implications. All of the terms listed above and many, many more are open to interpretation and do require a clearer, more substantial definition. Legislation needs to be written in 'plain English' to allow greater understanding. Vague terms are too many to list.
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Yes. Simple direct and logical terminology prevents 'woolly' concepts of responsibility. The last term above is typical of this - from a legal position I would imagine the range of interpretation on this would make any definition of ultimate responsibility impossible.
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Winner - The majority of Health and Safety legislation has been written to cover the widest population and the terms, although often construed as legal jargon, are generally quite clear. The skill of the HSE manager is clearly understanding and communicating the meaning to those who are less familiar with the terms so that they are clear of the reason for the legislation and the part they must play to comply.
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'So far as is reasonably practicable' has to be the biggest get-out in H&S legislation overall. In practical terms, if employers don't want to adhere to any particular standard, they can get out of it on this clause every time so I'd like to see this one tightened up with a more explicit definition of legal requirements.
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Far too many vague terms for the layperson or the pedant perhaps, but personally, I like the flexibility that comes with it and it allows good risk management to flourish. For me one of the most confusing is 'which is adequate for the purpose'?
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I think that the many current terms are necessary as they are lifted directly from legislation. Where it becomes a problem is in translating it to the people in plain speak. The most confusing terms that in my experience confuses people the most is in defining the difference between Hazard (potential) and Risk (Likelihood).
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I think the only things that need to be improved are the definitions of those terms so everyone from the H&S Advisor right down to the factory floor workers can easily understand the legislation we all have to abide by.
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Winner - Yes, but I can why we need these terms so that we can for example, pin point who is responsible. I would be happy to use the terms if the definitions were clearer and more robust. The term that I find most confusing is 'duty holder'.
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Of course health and safety is too vague but if it were not it would have to be too prescriptive and then every employee would have to have encyclopaedic knowledge of his/her job and method statements for every move they make, so it is impractical to expect too much clarity and definition and would be unwieldy to do so
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H&S legislation, as you say, is full of very grey and cloudy areas (until it comes to court). What one person deems as reasonable, the HSE will probably deem otherwise at the end of the day. Striking the balance between reasonable practicability and over-risk assessing a particular situation is one of the key skills for a competent person. I think the term 'so far as is reasonably practicable' is by far the vaguest term used the H&S world. It is often bandied around with absolutely no regard or knowledge as to what is actually reasonable or, indeed, practical.
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Yes - but the legislation cannot be detailed. The difficulty is to get people to think it matters and want to be healthy and safe.
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Winner - I think the current terminology is probably about right. As you have identified, a better definition of a competent person or perhaps even a competent employer would help. Many contractors will argue that their trade / industry experience is sufficient. This can be a minefield for employers who use different trades / contractors (particularly as cost is always a factor). What employers of services need are regulatory bodies for the various trades, whereby membership of (such as the NICEIC for electricians) guarantees that you are employing someone competent. This would help reduce the lengthy and costly process of employers evaluating contractor competency.
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We have to put up with some of these terms if we are to accept that judgements have to be made e.g. about what is reasonable; it's either that, or we accept prescriptive legislation that takes away the need for judgement but reduces flexibility.

'Adequate' and 'suitable and sufficient' are pretty vague. It takes too many words to explain them, and they are not as easily tested as 'reasonably practicable' and the like.

Katy Brown - Workplace Law Network
Online advisor - 48 posts

At the end of August Workplace Law sent out a '£20 if you can prove you're competent' survey; we had some excellent responses and would like to thank everyone who took part.

The November issue of Workplace Law Magazine includes a full analysis of the survey and examines the issue of competency in both health and safety and human resources. (Members receive the magazine free as part of their subscription; non-members interested in purchasing a copy should call us on 0870 777 881). We've also listed all of the responses to the questions here in the Workplace Law forum ; replies from those we considered to be winners have been highlighted. Please feel free to add your own comments and thoughts!

Lins to other survey questions:

What makes you personally competent?
http://www.workplacelaw.net/forum/thread.php?thread_id=1506

Is health and safety legislation full of confusing terms?
http://www.workplacelaw.net/forum/thread.php?thread_id=1508

Does being a member of a certain body make you more competent?
http://www.workplacelaw.net/forum/thread.php?thread_id=1509

Competence in HR http://www.workplacelaw.net/forum/thread.php?thread_id=1510


Q. If you had to write a definition of what makes someone with health and safety responsibilities 'competent' what would it be?


The most important aspect of demonstrating a person's competence is their track record over time of successfully carrying out their Health and Safety responsibilities. This is both in terms of actions in response to situations but also anticipation and perception of potential problems and taking timely steps to avoid the occurrence of such problems
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Sound knowledge gained through qualifications, experience and 'hands on work' backed up with the ability to effectively communicate to the target audience and to have the courage of your convictions.
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Winner - "Having suitable and sufficient experience in the fields that they work in, to understand the hazards and risks involved with the work, the operating environment, and the type of people they need to work with; and having sufficient training to be able to communicate the results of their assessment to all the people necessary (in writing if necessary) in a clear and comprehensible manner."

The problem with most definitions is that they are too proscriptive and too directed at Health and Safety Professionals. In the case of H&S responsibilities the people most at need of being competent are the front line managers and the middle managers in larger organisations. These are the people that have most effect on whether somebody is injured.

An example of a very competent Risk Assessment I saw was prepared by an excavator driver who was functionally illiterate. He needed to demolish a wall that was sufficiently high that he could not see over the top of it, and in an area where there was a known problem with children playing on construction sites. This driver sat down with his mate and drew a plan of the job, decided that the mate was to go to the other side of the wall with an air horn and give three blasts to start, any further blasts were to stop immediately. The driver?s mate was to search the area and then keep watch for any problems. On the road side of the wall the driver also laid out warning signs and cones to keep drivers and other people away from his working area and operated with the digger facing the wall so that he could see anybody approaching from either side. He also decided to push all the rubble into the yard (being watched by his mate from a safe distance) so that there was no risk of rubble going onto the roadway. All this was literally drawn on the back of an envelope. This assessment worked and was far more effective and the driver far more competent that the site agent up the road on the same estate who got a prohibition notice for a very similar job because he did not have any competent safety measures to protect people from his actions.
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The application of experience, knowledge and other personal traits, to influence the ingredients of health and safety law.
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Winner - They must have an in depth knowledge of their field and must recognise their own limitations. They must be persuasive to be able to convince others of their arguments (no point in having the knowledge if you can?t motivate change). They must understand the history behind the legislation and must have sound knowledge of the legislation they are working to.
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Experienced, applicable track record, qualified and above all a proven communicator "Don't tell....Share"
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It would depend on the nature of the responsibilities. In general, a combination of appropriate qualifications, knowledge and relevant experience with suitable temperament and an interest in the subject.
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A recognition of their own limitations. the willingness to listen and an attitude that will make you approachable.
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You should be very experienced. There is no substitute for experience. possess a fair degree of technical knowledge of the area/work concerned
Be skilful in the area/work, be able to demonstrate how to do it right and safely and be trained in the requirements and legal aspects of the area /work concerned, and be prepared to accept the responsibility and also accept that you don't know every thing.
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A competent person will have undergone some formal training and will have had experience working with others in a health and safety position. The person will have a good knowledge of safe systems of work and will be able to carry out safety audits. They will be able to recognise and control hazards, write risk assessments and maintain records. A competent person will be able to deal effectively directly with managers as well as staff in matters concerning safety in and out of the workplace. They will maintain a good knowledge of the latest legislation covering health and safety and pass that on to employees and their employer.
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It does not necessarily depend on the particular skills or knowledge but should have sufficient training and experience. The competent person should have an understanding of the relevant current best practice, be aware of their own limitations and be willing to supplement existing experience and knowledge, when necessary, by obtaining external help and advice.
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A competent person is someone who has sufficient practical experience and technical knowledge and understanding to carry out their work in a safe and efficient manner and they also must be aware of their limitations.
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Winner - A competent person is one who has studied and has demonstrated understanding of all H&S issues in a variety of situations; is an experienced practitioner and who has leadership and advisory qualities and is a person who can demonstrate precedence to the well-being and safety of others.
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Constant vigilance and monitoring of health and safety equipment and procedures, availability to staff for discussions/reports on H&S concerns, knowledge of the latest health and safety legislation and requirements.
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One who has the skill, knowledge, training and experience and is fully aware of the environment in which they work, understanding the hazards that are present and the risks that might be presented not only to their own workforce but also others who might be adversely affected by their undertakings. One who is able to understand the essence of legislation and who can communicate the legislative requirements in a pragmatic manner, gaining the confidence of management and staff and demonstrating the real need to comply for their own benefit and that of the business in the widest terms.
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Technical knowledge, experience of a variety of variables within the workplace (e.g. how things can go wrong or how the human element can send environments awry), personal responsibility and a strong sense of being a champion for the wellbeing of others.
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To gain the necessary experience and qualifications one must have a desire for knowledge and a passion for the health and safety of people. As a generalist, I have to know a little about a lot, if I need a specialist then I know where to look for one.
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A competent person is appointed by management under MHSW Regulations to assist managers via risk assessment to draw up guidelines for safe systems of work with suitable forms and should advise Management on the adequacy of the safe systems produced
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The ability to appreciate and understand that health and safety is not about how not to do something but the ability to identify how a task can be done in a safe and effective manner.
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Someone who knows the current legislation, someone who can get ideas over without making it seems too officious unless it needs to be, someone who is proactive and always mindful of the environment around them and their colleagues and what everyone should be doing.
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Winner - Someone who has:
· at least a NEBOSH General Certificate (or equivalent),
· at least 12 months experience within two different environments / industries,
· good communication skills at all levels,
· an eye for detail, confident and methodical, and
· demonstrated how health and safety has contributed within an organisation.
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Be aware of what practices are in use (spend time at the 'rock face', learn from everyones mistakes, make certain you are understood and keep reiterating the same messages in different ways so no one gets bored or thinks they have heard it all before?
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Winner - A 'competent person' should be someone who not only has a recognised qualification but one who can also prove a sufficient expertise in the subject area to earn the title. Legal competence can currently be conveyed to anyone who is appointed into a suitable position and undertakes a minimal amount of training.
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Competency is the acquisition of knowledge through formal training, the ability to apply that knowledge through familiarisation of process and the experience to ensure application is effective.
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Winner - A competent individual with H&S responsibilities 'is someone that possesses a number of years work experience, training, qualifications and professional memberships appropriate to the level of risk present within his chosen sector of work.'

For example, an office manager used to managing H&S would not necessarily be sufficiently experienced to manage the H&S risks present on an oil rig. Their knowledge base may allow them to ask intelligent questions, but they would not necessarily have the experience in that field to determine the correct solutions.
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A combination of qualifications that are pertinent to the role (There would need to be specified qualifications obtained by study), practical application of that knowledge post qualification, and to be judged competent by one's peers
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The knowledge and experience to be able to make sound and reliable judgements on health and safety matters, meeting the needs of the particular organisation. Knowledge of the relevant law must be backed up by expertise in making health and safety work in practice. Competent people must of course be aware of the limits of their capability, and also need to know where to find the specialised advice or information that they need from time to time.

Katy Brown - Workplace Law Network
Online advisor - 48 posts

At the end of August Workplace Law sent out a '£20 if you can prove you're competent' survey; we had some excellent responses and would like to thank everyone who took part.

The November issue of Workplace Law Magazine includes a full analysis of the survey and examines the issue of competency in both health and safety and human resources. ( Members receive the magazine free as part of their subscription; non-members interested in purchasing a copy should call us on 0870 777 881). We've also listed all of the responses to the questions here in the Workplace Law forum ; replies from those we considered to be winners have been highlighted. Please feel free to add your own comments and thoughts!

Links to other survey questions:

Definition of a competent health and safety person?http://www.workplacelaw.net/forum/thread.php?thread_id=1507

Is health and safety legislation full of confusing terms?
http://www.workplacelaw.net/forum/thread.php?thread_id=1508

Does being a member of a certain body make you more competent?
http://www.workplacelaw.net/forum/thread.php?thread_id=1509

Competence in HR
http://www.workplacelaw.net/forum/thread.php?thread_id=1510



Q. Tell us what makes you personally competent, and give us examples. Is it your years of experience, your specific qualifications, lessons you've learned from past situations you've found yourself in, your 'other qualities'? etc.


I believe that my competency in Health and Safety is founded initially on my many years of work experience in a variety of work roles in differing circumstances, for a variety of employer types. The incidents I have consequently learnt of and witnessed have been valuable lessons in the causes and effects of problems. My understanding of the ways of handling peoples attitudes to Health and Safety situations have grown out of these past experiences. To this is added my knowledge of the gradually changing requirements of the legislation and good practice.

Knowledge (qualifications) and experience as well as once being an EHO so knowing enforcement as well as systems; in addition looking at issues through commercial eyes to see 'the real world'; networking, knowing your strengths and weaknesses.
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Winner - I am competent in the tasks that I undertake because I have 17 years experience (along with numerous years of specialist training) and literally hundreds of incidents investigated to draw upon to aid me in making interpretations and evaluations of situations. However the most important point of this type of competency is to know the limits. Unfortunately most people that I have found not to be competent within the meaning of the regulations have accidentally (or deliberately) strayed into areas of work or disciplines that are outside their direct experience or training.

Part of my competency is to know when I am beginning to stray outside my limits of experience and training and to then be able to find somebody to assist me or take the work further. Whenever possible I then take the opportunity to work with the expert and so further my experience.

One example of this was when investigating an incident that happened on a small construction site during digging a basement garage. The contractor concerned had decided to use small explosive charges to crack the rocks because they were very hard and slow to break using a 'pecker'. At that time I had very little knowledge of explosives of any sort (unfortunately not the case since). I therefore got in a specialist to assist me. What we found was a legal loophole that was being exploited and giving rise to serious dangers in addition to several offences of 'unmaking explosives' which had changed a safe low power charge into a lethally dangerous tool completely unsuitable for the operation. Without the additional expert guidance I would only have been able to identify that the operation had used too much explosive and would not have been able to identify all the other issues concerned. Unfortunately the other people also charged with investigating this incident did not use expert assistance and therefore failed to find the root causes of the incident and failed to identify the ongoing long-term issues that had been exposed.
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I feel competent, because of, my general experience in terms of years, my qualifications and my on going and 'hands on' experience dealing with the issues at the 'coal face'. Being able to communicate with people so that they understand so as not to make the same mistake again.
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Winner - I have spent 20+ years in my field gaining senior position with the organisations I have worked for. I have gained an honours degree in my field and have attended many CPD courses. The acquisition of knowledge and experience together with continuous development help. Further evidence is that clients continually return. One particular major client with over 600 properties has undergone a vetting process assessing several big players in the market and have decided that I/we will be sole providers for their health and safety / fire safety advice for the next five years.

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The ability to communicate and transfer the experience learnt both in the academic and practical arena to others. The reasoning being if you can transfer your knowledge and experience to others you can be sure that you are competent yourself.
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10 years' experience managing H&S in Industrial Automation Industry, preceded by 20 years' experience as an Engineer in the same Industry. Qualifications initially at Certificate level, progressing to Diploma. Ongoing training on specific topics. Membership of professional institution, ensuring standards are maintained and providing regular information updates. Relevant knowledge, supported by access to many sources of information, advice & guidance. Willingness/ability to learn. Character/temperament appropriate to the requirements of the job. Professional approach & attention to detail. Results achieved, and reputation built up over 30 years.
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For a person to be competent they have to have an understanding of the work in which they are advising experience at performing the role a knowledge which is current and accurate and a willingness to work at shop floor level not separating yourself from the people performing the tasks.

I have worked for the NHS for 15 years starting as a cleaner and working through the ranks to become a EMT I am aware of the problems faced by all staff at all levels of the service I have represented many employees as a trade union official in both health and safety and employment law completing all the courses that the TU offer.

I have studied and achieved qualifications at under and postgraduate levels. But the qualification that is of most value to me and is sadly lost be some health and safety professionals is COMMON SENSE and the ability to LISTEN.
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Understanding the Health & Safety Principles for your work environment. Caring about the people who work with you and the impact that poor Health & Safety Practices can have on them. I am competent by understanding the environment I work in, using a Health & Safety Consultancy to make sure we are compliant and knowing when to ask if I don't have all the answers.
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I am 55 year old an have worked in the Prison service for more than 26 years be for that I worked in the shipyards of the north east doing an apprenticeship and then as a tradesman. Also I served ten years in the TAVR Royal Engineers. In the Prison Service as a trades officer carpenter and promoted through the ranks to my current position as Senior Facilities manager.
I have a NEBOSH Certificate, NVQ 3, NVQ 4, Health and Safety and various other training courses of a specialist nature. I value my apprentice training and years of hands on experience. I have learned form doing accident investigations that when people are challenged as to what exactly happened they often can't remember or change the story both management and operatives. I have found that generally managers do not understand fully their responsibility under Health and safety law.
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Working as a Facilities Manager for many years, health and safety became an integral part of my duties. I was there during the very early stages when legislation began to take effect in the workplace. During those years I had the opportunity to build up my knowledge in all matters relating to the HASAW. Taking up training both in and outside of work, I steadily improved and honed my skills to high level. I learned that whilst training was a necessary part of the learning process, experience gained over the years from being very hands on, contributed equally to helping me perform my health and safety duties very effectively. My achievements have meant that I have been able to competently design, develop and set up safe systems of work within the companies that I have been employed and, to provide health and safety training and support to staff. During recent and past incidents I have managed successfully to see my present employers through four audits by the Health & Safety Executive. Having had my safe systems of work inspected and commended by the Norwich Union, I feel that I have been an asset both to my company?s employees who are my customers and to my employers. Deciding now to put my skills to the test, I have decided to obtain a qualification and am currently studying for my NEBOSH General Certificate. This will also help me in my new endeavour as a part time health and safety consultant.
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When I first took on my post as a health and safety officer there were no policies or procedures in place and over the years I have built up a number of documents to cover all areas of the workplace. I carry out tabletop exercises once a year and have gained a vast knowledge of dealing with different emergency situation that may arise in the workplace. I am diligent, caring and employee friendly when it comes to looking after their health safety and welfare.
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I feel that I am competent, as I have gained a wealth of practical experience through the various roles that I have fulfilled within the Construction Industry e.g. Skilled Labourer to Plant Operator to my current role of Health & Safety Manager for a Medium Sized Construction Company. In addition to these I have improved on the technical aspects of my competency through attendance of various courses e.g. NEBOSH General Certificate; CSR; NVQ Level 4 in Occupational Safety and Health Practice, Site Waste Management etc.
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My competency can be validated in several ways, i.e. 25 years experience in engineering manufacturing as a mechanical engineer. I worked for several large engineering companies and as a union safety rep I was responsible for ensuring the Health and Safety of our members.

Over the last ten years I have been the EHS Advisor for a major automotive manufacturer, and in that role I have experience in managing every conceivable hazard i.e. Lead, solvents, asbestos, machinery guarding, confined spaces etc. I am fully involved in all risk assessment processes and as a professional trainer I train our own safety reps in the methodology to enable them to carry out risk assessments.

My knowledge and experience relating to safety expands over 40 years and during a break from engineering I took over the family Butcher business that not only involved safe use of sharp knives but food hygiene.

My qualifications range from NEBOSH Tech SP, OHSAS 18001 lead auditor, IOSH training on carry out CoSHH assessments, manual handling, accident investigation etc. and I am a member of IOSH.

I chair all safety meetings and carry out internal and external safety audits and inspections, and liase with all external agencies i.e. HSE, SEPA, Fire Services.
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Winner - The question provides the answer. I am competent due to all of the above. I hold the NEBOSH Certificate and Appointed Persons certificate and I am a registered Health & Safety tutor for the CIEH & LSC and I attend workshops and updates on H&S, Fire Safety and First Aid. I also have a BA in Business Studies specialising in Human Resource Management (of which a considerable amount of tuition is around employment law). I undertake all Induction training in H&S and Fire Safety for new members of staff and have gained experience over 30 years (on average approx 8 years for each) as Union Representative, Equal Opportunities Representative, Healthy Workplace Advisor, Harassment and Bullying Councillor, Fire Safety Officer, Staff Councillor and Health & Safety Advisor. I undertake risk assessments at major events such as conferences; influence policy decisions around H&S and I am a member of the Charities H&S Advisory Group. I have worked in the private, public and charity sectors and therefore feel well rounded in experience. As I am a Business Woman and lone traveller, I am also very aware of my own personal safety and am vigilant about the safety of others. I am also not opposed to turning to other professional bodies for guidance, advice and support when required as one person alone cannot fulfil all of the H&S legislative requirements and will not have all of the relevant expertise.
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My competence comes from carefully analysing a brief, listening to my clients, not taking for granted that others involved will always be 'on the case' and keeping all involved up to date with developments. I have learned from hard experience not to assume anything and to always remain calm when problems arise. A friendly, approachable, sympathetic and co-operative manner always helps. I find it always smoothes the progress of projects to allow the client to input ideas and suggestions as this encourages a sense of involvement, respect and ownership.
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Winner - I believe that competency is a combination of skill, broad experience, knowledge and training but we are more likely to be judged on the way we are able to convert all of the above into meaningful communication and practice for the business. An HSE Manager needs to gain buy in from the management of their business and demonstrate how HSE can help the business and not be seen as a difficult but necessary hurdle to jump or hoop to jump through.

I believe my competency is gained and demonstrated through my willingness to learn from all experiences, (my background is varied; Manufacturing and Production Engineering, Facilities Mgt, HSE and Security) each experience has provided an opportunity to learn, to provide a different view and also apply aspects of these experiences to the next task.

The example I shall give relates to driver safety in its simplest terms but the outcome has resulted in decreased costs for the business in many areas; lower lease costs, lower fuel costs, less accident damage and repair costs, fewer replacement car hires, lower tax for employees, less damage to the environment, self funding driver training, competent drivers, fewer speeding tickets, more confident and competent drivers.

To say that I was underwhelmed with the prospect of managing the Company Car fleet is an understatement, predominantly as I knew very little about any aspect of the task in hand. I researched the current market, took a view on up and coming legislation and began to rewrite the policy - This aspect was purely a management function, however I also took the opportunity to review the accident rate, repair invoices fuel charges, future legislative changes regarding driving for work and changes to company car tax and created a package that provided training for Company car drivers (for both safe driving and fuel economy), limited CO2 emissions, consolidated the vehicle bands into one, applied NCAP safety rating and insurance group limits and created a case for these changes. The Management Team listened to the proposal and fully backed the changes.

That was 6 years ago and today we provide driver training for all employees - understanding that even though they will not necessarily drive for work most need to drive to work, provide frequent Driver Safety Notes providing tips on different aspects of driving (Seasonal updates, country lanes, motorways, thinking of other road users, vehicle and personal security, etc.) Our incident rate is now less than 15% (average fleet incident rate is nearer 50%) this impressed our insurers so much that even though the keys were left in a vehicle that was stolen they paid against the claim. The driver safety example is being rolled out across our European region.
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I've been doing this job long enough to realise that there are certain things that I cannot and should not do, that only comes with experience. It's all too easy to look back with regret and say I should have asked someone else to do that. My personal strength comes from acknowledging and accepting my areas of weakness.
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I am competent, but still learning. I have just completed a NEBOSH Certificate and achieved TechIOSH status with IOSH. I have just begun my NEBOSH Diploma. I have been in Facilities Management and Health & Safety for 15 years and undertaken many courses. Lessons I have learned include remembering that my colleagues do not place H&S as high a priority as me, and that I will always be needed to set an example and continuously reinforce the importance of H&S. Always be prepared for the most bizarre and always expect the expected. Yes, by definition of my training, I am competent, but I have and will always have much to learn and teach.
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Winner - No one thing can make me competent; instead it is a collection of qualifications, skills, attitude and experience (to name a few). In addition, I don't feel I am competent just by achieving these stages, as it's a continuous improvement process where I need to continually learn and develop. I also believe that my achievements go a long way in proving my competence, i.e. reducing accident rates, changing culture, etc. I have 10 years of experience and numerous qualifications (both safety related and non-safety related), all which have helped me to progress my career and justify my competence. But, by recognising that this isn't a tick-box scenario and instead a learning development process, aids my competence even further.
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My personal competency within Health and Safety is based upon 29 years as an Insurance Broker and Risk Manager, as well as a comprehensive knowledge of the regulatory framework surrounding workplace health and safety.
I have dealt with 1000's of claims over the years; enough to know that you can never fully anticipate or legislate for every conceivable incident or activity that could give rise to a workplace accident or illness.

My qualifications may be considered relevant but are essentially almost useless in preventing potentially dangerous practice at work.

The overriding need is for ongoing education of the workforce about the dangers they and the public face in the carrying out of their work. In addition employers must seek to instil personal responsibility throughout their workforce, the best way to do this is by example and consistency as well by evidencing that they learn lessons when incidents do occur and feed these lessons back quickly, simply and practically.

As for my other qualities; the most important is to be able to relate concepts of safety in a way that others clearly understand, so effective communication is key. Disseminating information in a manner and quantity that others can understand, digest and apply to their own circumstances.

Use of examples, anecdotes, metaphors most of all discussion, an environment that welcomes debate, dissent and alternative viewpoints all foster the idea that health and safety must be integral to a compan's ethos to be truly effective.
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My Personal competence comes from a combination of many years of experience in a wide range of industries, observing working practices and becoming aware of the potential hazards involved in those processes; a keen eye for detail and the ability to think outside the box to see the unforeseen; a comprehensive knowledge of legislative requirements obtained from formal training and keeping current by CPD and reading relevant H & S publications and excellent communication skills enabling me to advise people from all walks of life on Health & Safety issues in the style most appropriate to their circumstances without being confrontational or condescending.
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Winner - I have 20 years of experience in Health and Safety management and have a Diploma in Safety Management and I am a Member of the IIRSM. In addition, I attend seminars and briefings every six months to ensure my professional updating is constantly in place. I also subscribe to weekly newsletters, such as your own and that of the HSE etc. to ensure I know what is happening in my field all the time. I also subscribe to Tolleys H&S at Work. I have personally been closely involved in countless decisions and investigations in the Health and Safety arena over the last 20 years. I am passionate about 'getting it right' and not just creating another form.
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Winner - I work in Facilities Management & H&S. I have a BSc(Hons) Degree In Construction Technology & Management, hold the NEBOSH (NGC) and have 9 years work experience in Facilities Management & H&S. I hold membership status with the following professional bodies, MBIFM, ICIOB. I subscribe to news bulletins such as Workplace law and I also attend BIFM, IOSH & HSE training courses and seminars / campaigns (whenever time & or funds allow)!
I think that an individual's competency within the H&S field can be demonstrated by a number of different factors as detailed below:

Qualifications - Are important, particularly in a vocational subject where knowledge gained through studies can be applied in 'real world' situations. For example, IOSH courses such as the NEBOSH National General Certificate and Diploma, HND, Degree or Post Graduate courses in industry specific sectors such as Construction, Engineering, H&S and so on.

Work Experience - Is also necessary, you can learn a lot from your colleagues, supervisors, managers and contractors. Working for different employers in different sectors also helps you build up your own personal 'knowledge base' of what works & what doesn't, allowing you manage H&S more effectively.

Number of years experience - You generally become more 'risk aware' the longer you work in H&S or high-risk industries. This risk awareness is gained from personal experience of employee or contractor accidents and a general knowledge gained from H&S prosecutions, accident statistics, HSE guidance and industry publications. Your years of experience at work also will also give you the confidence to speak out if you think something is wrong.
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My competency is based on:
1. qualifications obtained through study at a recognised academic institution - NEBOSH qualifications and Postgraduate diploma
2. the application of the knowledge and skills in a variety of work settings with all levels of staff from boardroom to shop floor - Work in consultancy and multinational organisations both in UK, Europe and Africa
3. achievement of recognised industrial awards by proven introduction and embedding of processes and/or procedures - In-company award (BOC), RoSPA Awards and Construction Industry Awards, a key figure in the setting up and chairing the Charities Safety Group (Recognised by HSE as the SIG for the Charities sector) when it wrote the first HSE guidance for the sector
4. being judged as competent by my peers, i.e. by fellowship selection boards - FIOSH and FIRM.
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Years of work experience, in a good few different types of workplace. In-depth knowledge of my specialist subject and workplace type (science graduate with several years applying my subject at work.) Recognition of past mistakes and an understanding of how it should have been. The depth of knowledge, awareness and insight gained by studying for professional qualifications. Being observant, insightful and able to communicate - which includes being a good listener

Katy Brown - Workplace Law Network
Online advisor - 48 posts

The main requirements of the EU?s Energy Performance of Buildings Directive (EPBD) are:

· minimum energy performance standards for all new buildings;
· a requirement for larger existing buildings to meet minimum energy standards when refurbished;
· a requirement for all buildings to have an energy certificate, with frequently visited buildings that provide public services required to prominently display an energy certificate;
· periodic re-certification of buildings (at least every 10 years);
· regular inspection of boilers and air conditioning systems.

The Directive affects all buildings of more than 50m2. Plus, when existing buildings with a floor area over 1000 m2 undergo major renovation, there is a requirement to include all cost-effective energy efficiency measures.

Currently not all aspects of the EPBD have been translated into UK law; the Government has a further three years in which to do this. For example, the energy certificate requirement is not yet law in the UK. Though they are not law it is a good idea to be considering these issues now.

Changes to Part L (Conservation of Fuel and Power) of the building regulations came into force 6 April 2006, along with updated guidance documents, including a new edition of the Approved Document F (Ventilation). These changes enacted articles 3-6 of the EPBD.

For a summary of how Part L applies to existing buildings and what you should do to comply please see: http://www.workplacelaw.net/display.php?resource_id=6568&keywords=energy%20efficiency

The current controls that exist on energy use include:

· Building regulations: Since April 2002 the building regulations have set new standards for energy efficiency including the new changes. The underlying requirement is to reduce energy consumption. There are certain requirements for new non-domestic buildings to demonstrate these reductions by using the national calculation method.
· The Climate Change Levy (CCL) and underpinning this the Climate Change Levy Agreements.
· Levy Exemption Certificates mean that organisations which pay the CCL can enter into agreements with suppliers to purchase renewable electricity.
· The UK?s Emissions Trading Scheme is the world?s first economy-wide greenhouse gas emissions trading scheme.
There are also good practice ideas which can be beneficial such as producing Operating and Financial Reviews.

I hope this goes some way to starting to answer your questions. As the questions you asked were very broad I?m sure you will appreciate there are no quick and easy answers. The detailed answers to all of your questions, and a wealth of other information, can be found in Workplace Law?s Energy Performance of Buildings 2006: Special Report. This publication covers a wide range of energy topics and was co-authored by Mick Dalton Chairman of the British Institute of Facilities Managers (BIFM).

More information on what?s contained in the special report can be found here: http://www.workplacelaw.net/eshop/product_info.php?product_id=470

Katy Brown - Workplace Law Network
Online advisor - 48 posts

Thank you for pointing that out Phil, the first sentence should read:

"It has been reported that drivers who are caught flouting the laws of the road while driving a company vehicle could find the police visiting their employers as part of a new scheme".

Katy Brown - Workplace Law Network
Online advisor - 48 posts

The draft regulations which will enforce smoke-free public places and workplaces has just been published.

The regulations give definitions of what constitutes an enclosed space and a substantially enclosed place:

Enclosed premises: Premises will be considered to be enclosed if they have a ceiling or roof and, except for doors, windows or passageways, are wholly enclosed, whether on a permanent or temporary basis.

Substantially enclosed premises: Premises will be considered to be substantially enclosed if they have a ceiling or roof, but there are openings in the walls which are less than half of the total area of walls, including other structures that serve the purpose of walls and constitute the
perimeter of the premises. When determining the area of an opening, no account can be taken of openings in which doors, windows or other fittings can be opened or shut.

For this regulation, ?roof ? includes any fixed or moveable structure or device which is capable of covering all or part of premises as a roof. This would include retractable canvas awnings.

Using these definitions you will be able to tell if the areas you describe in your question will be covered by the legislation. From the information you have given i would say that they were. This means that once the legislation is in force you will not be able to smoke at mall cafes.

The following local authorities are the proposed enforcement authorities for the legislation:
a. county councils;
b. district councils which are the sole principal councils for their areas;
c. London borough councils;
d. the Common Council of the City of London.

To view the draft regulations, and to have your chance to comment, go to: http://www.dh.gov.uk/assetRoot/04/13/73/26/04137326.pdf

Katy Brown - Workplace Law Network
Online advisor - 48 posts

Employees can now download, and print out, a Workplace Law factsheet to give to their employers. This factsheet contains advice and guidance on how employers can - and should - deal with high workplace temperatures. The factsheet can be downloaded from: https://www.workplacelaw.net/my/download.php?download_id=423

Katy Brown - Workplace Law Network
Online advisor - 48 posts

Employees can now download, and print out, a Workplace Law factsheet to give to their employers. This factsheet contains advice and guidance on how employers can - and should - deal with high workplace temperatures. The factsheet can be downloaded from: https://www.workplacelaw.net/my/download.php?download_id=423