Conkers in playgrounds and hanging baskets in town squares – we have all seen the headlines that don’t help our profession’s image one bit. Luckily the Myth Busters Challenge Panel from the HSE is here to expose the cases where health and safety is used as an excuse for certain decisions.
Through the MBCP, members of the public can challenge advice or decisions made in the name of health and safety that they believe are disproportionate or legally inaccurate. Here are SHP’s top picks of 2016.
Issue
Bar manager refused to serve salt and lemon with Tequila shots to customers in a nightclub due to health and safety.
Panel opinion
There is no workplace health and safety legislation that prohibits the service of salt and lemon with tequila. This looks like a case of quoting an easy excuse – possibly to cover up poor customer service. The bar should simply serve the drink in the traditional way as requested, and not misuse health and safety legislation in this way.
Issue
Family arranging a funeral told by undertaker that the deceased would not be allowed to wear shoes as it was against health and safety regulations.
Panel opinion
Health and safety at work legislation does not stop undertakers enclosing shoes in coffins. Depending upon whether the deceased is to be buried or cremated after the funeral, there may be other reasons for not allowing shoes but this should have been explained properly to the enquirer. It is certainly not a health and safety matter.
Issue
A Council run library will not let users plug their laptops into electrical outlets because of a risk of tripping or in case of faulty laptop charger plugs.
Panel opinion
The council and library seem to have got their wires well and truly crossed in this case as both the potential problems appear to have been well under control. Restricting the charging of the laptop can’t be justified on health and safety grounds in these circumstances.
Issue
A mum had to leave a café as the manager banned the use of dummies for young children and babies for health and safety reasons.
Panel opinion
Health and safety at work legislation does not stop babies using dummies in cafes. This appears to be the café’s company policy which according to the press article they relate to strict food hygiene guidelines. The café should clearly explain the reason behind their policy rather than dumbing down the issue and blaming health and safety.
Issue
During his wife’s pregnancy scan at hospital a husband stood to pick up his 20 month old son who was misbehaving. Upon standing he was told that due to health and safety he was not allowed to stand up during the examination.
Panel opinion
Pregnancy scans need to be conducted carefully to check on the development of the foetus. Partners moving around during the scan may be distracting to the sonographer and small children could injure themselves or others if they are roaming free with medical equipment all around them. However, it is misleading to suggest that partners can’t stand up or siblings need to be controlled under health and safety legislation. Asking partners to remain seated when appropriate or controlling young children when necessary in these circumstances is generally a matter of common sense. A simple briefing before the procedure would explain this and help to avoid any misunderstanding.
Re: case 393. Laptop chargers. Given the latest propensity for Ni MH batteries to set fire (especially when charging) and the “compensation culture” promoted by many lawyers. It is prudent to assume that, given the slightest chance, people will become very inept with any trailing wires. Given you can never underestimate the ability of a BSI (British Standard Idiot) to trip on anything presented in their path (including their own feet) it is therefore very wise to enforce a clear path policy. As the law seems to always take the side of the “poor injured” person ( who SHOULD have… Read more »
What a waste of money this “panel” is.
Are the public really so stupid that they need a panel of H&S experts to tell them that there is no law against baby soothers in restaurants and laptop chargers in libraries ?
If they really want to bust a myth, investigate the source of the myth and force them to publicise their lies in national press.
Lets stop all this claptrap about irrelevant inquiries and get the HSE back to preventing death, injury and illness instead of trying to handle the press.
Unfortunately I think the public, certainly in some cases, are misguided (rather than using the inflammatory term ‘stupid’). This panel should be welcomed – when businesses state health and safety as their reason for prohibiting activities, items, etc, this does turn health and safety into a bit of a ‘boy that cries wolf’ excuse. When there is a genuine h&s reason for prohibition, people will not take it seriously. I for one would rather people knew how to differentiate between myth and fact so that they in turn take the fact more seriously, and I am glad the HSE has… Read more »
Sorry Andy I disagree. What we do need is a PR strategy that is aggressive and not passive. The panel itself sadly was too little too late but our professional reputations are being lampooned by the press daily.
Don’t forget the Conservative Government’s agenda on H&S was driven by campaigns from The Daily Mail and Daily Express, papers who’ve spent years misrepresenting H&S. We need HSE and IOSH to be proactive when these ridiculous cases come to the fore. The profession has been undermined and we must challenge through any reasonable avenue we can.
Surely in the case of the Library, as they are unable to ensure that all chargers etc. are PAT tested, they are perfectly right to prohibit the use of said appliances in their mains systems.