Possibly a strange concept for a safety professional, I'm inclined to agree that there could well be too much H&S or at least too much H&S being inappropriately applied !!
Life is not risk free and the HSE admit that it is not trying to make a sterile risk free society. As an organism we need the highs and lows of adrenaline, hence why in this sterile world we have thrill seekers such as base jumpers, extreme sports etc.
Under the Health & Safety at Work etc Act 1974 there are three levels of duty:
Mandatory denoted by Must or Shall, absolute duty must be complied with, usually reserved for legislation and also used in guidance for extremely high risk industries (Chemicals, explosives, refinery nuclear-though they have their own branch of the HSE).
So Far As Practicable - you should do all you can in the light of current knowledge and invention, take robotic production lines, they used to be protected by pressure mats, initially good but they got muck in them, wore out quickly and after a year or so become a hazard themselves, light curtain came in - more reliable, easier to maintain so under the SFAP clause companies were required to upgrade to LC's.
So Far As Reasonably Practicable - is essentially the most common level of duty in most workplaces, it balances the cost, inconvenience, time, trouble & practicality of safety measures Vs the actual improvement in safety, it is the duty that laid the ground rules for risk assessment (RA) under the Management of Health & Safety at Work Regulations.
However, Insurers take a different line and many so called 'safety' decisions are not based on safety or safety legislation but on a claim avoidance basis.
Local authorities often pay the poorest money, get the least qualified & experienced safety advisors so again work on the 'if we ban it we can't be sued' basis.
Political interference rears it's head, when drafting legislation the HSE have taken a robust approach and have been accused of 'gold plating' legislation BUT H&S law is one of the least amended pieces of law - they have stood the test of time. Especially since Labour came in there has been more pressure on the HSC to 'go that extra distance' end result, gold plating of legislation that has gone too far. Coupled with reductions in funding, resources and inspectors actually going out and helping enforce in a sensible & practical manner (sound familier????).
And of course lets not forget Nanny Blair who knows best !! And his doing his best to interfere in all and sundry.
There are also a lot of bodies who have a vested interest in H&S I am a member of two bodies, IIRSM (an offshoot from the British Safety Council) who take a very responsible attitude to educating the public and another, IOSH who now have chartered status.
They are now pushing the DWP Minister to legislate that companies should employ chartered H&S professional, this is despite the fact that only a third of their members are chartered. (Incidentally I am not chartered but very competent in my given fields), also if IOSH heard me talking like this I would be an ex-member !!
Misunderstanding what the law requires either intentionally or through ignorance (mostly ignorance), I have a designer who is a structural engineer who has produced a risk assessment that addresses the structural elements and then carried on with everything else - when asked why he couldn't explain - he was working on a never mind the quality feel the width approach.
Another misunderstanding is the number of times that I’m told “You can’t do that because of ‘elf ‘n’ safety” – Well yes you can as long as you take sensible precautions.
Employers often use risk assessments to justify financial decisions or the decision to ban something (we can’t give an honest reason so we’ll ban it under H&S).
And off course good old arse covering, if we produce a 20 page RA then we can shift the blame an incorrect assumption as most prosecution under the Management Regs. are for not having a suitable and sufficient RA NOT the absence of one.
Also lets not forget the great public who cry ‘something must be done’ (take speed cameras in villages as an example) and will not accept that sometimes there is nothing that can make a process 100% safe whilst we have human intervention, we can reduce it, put systems in place, but if humans can make it, humans can break it.
As for a ‘common sense’ approach or law, from the accidents I’ve investigated there seems to be little sense and it’s not that common !!
As for the ferry it is the sister ship of the Herald of Free Enterprise, with the same instability problem, the crew used seawater to fight the fire, they did not inform the shore/coastguard of a problem, until too late.
Botach, LUL use bandstands for cabling, they work, are light to assemble and move about and they come in all sorts of shapes and sizes.
As for Work at Height Regs. Ladders are not banned but like all measures they are subject to a risk assessment I’ve investigated accidents with ladders where a tower scaffold would be safer, quicker, cheaper and more practical to use.
As you can se this is a subject that I’m quite passionate about as doing t right, doing it safely doesn’t have to hard or beauracratic or expensive but some people go out of their way to fuck it up.
End of rant….

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Gordon Brown saying I got the country into it's current economic mess so I'll get us out of it is the same as Bomber Harris nipping over to Dresden and offering to repair a few windows.
Chaos, panic and disorder - my work here is done.
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