Pictured above: Chris Green
A health and safety lawyer has issued a warning to the Midlands
business community that hiring a health and safety consultant from
a new register of competent providers will not absolve them from
liability if a workplace accident occurs.
Last week the HSE announced that the Occupational Safety
Consultants Register (OSCR ) has grown to over 2,000 consultants
since it went live in January 2011, but partner in Weightmans'
Birmingham office Chris Green argues that the register could
encourage complacency regarding the risks businesses leave
themselves open to when hiring a consultant.
Chris explains that he has seen many cases where companies have
been over-reliant on health and safety consultants to advise them
on the risks attached to their businesses. Companies in the
Midlands - specifically in the manufacturing sector - will rely
heavily on the advice of these consultants since the possibility of
injuries such as from moving machinery in the workplace is
greater.
"The region's businesses will rely on consultants to discharge
their duties under health and safety law more than ever now that
the register is live but they need to look twice - accreditation on
the register is not in itself enough to discharge all liabilities
surrounding workplace accidents," he warns.
"The contracts that health and safety consultants bring to the
table are often not worth the paper they are written on. The terms
and conditions are either too heavily disclaimed, too vague to be
of any use or simply non-existent. Should an accident occur,
companies can still be held responsible even though they took the
advice of a qualified professional."
Chris advises these companies to take a good hard look at the
terms and conditions proposed by the consultants they want to
engage before they sign on the dotted line.
"A senior member of management should be designated as
responsible for health and safety duties; taking legal advice on
which party is doing which task and the residual risk that the
company faces over and above the terms and conditions agreed with
the consultant."