Risk assement

[DGP1]

I think you'll find that it's just a paper exercise (box ticking) for managers with no effort to actually do any analysis.

[Thunderthighs]

I got dog attacked on unfamiliar walk, no risk assess/no aggressive dog card on frame/nothing in Walklog. Totally blank!
Manager asked, "Did you look in walklog, proir to doing delivery?" After this meeting, I saw/recorded that it was empty.
Negligence of RM H+S rules/regs? I think so...

[DOM]

I got dog attacked on unfamiliar walk, no risk assess/no aggressive dog card on frame/nothing in Walklog. Totally blank!
Manager asked, "Did you look in walklog, proir to doing delivery?" After this meeting, I saw/recorded that it was empty.
Negligence of RM H+S rules/regs? I think so...

Unless there had been any previous history with that dog, your manager would not be aware of it. All delivery staff should make a note of dangerous dogs in their walk logs.

Health and safety is everyones responsibility.

[DGP1]

I got dog attacked on unfamiliar walk, no risk assess/no aggressive dog card on frame/nothing in Walklog. Totally blank!
Manager asked, "Did you look in walklog, proir to doing delivery?" After this meeting, I saw/recorded that it was empty.
Negligence of RM H+S rules/regs? I think so...

Unless there had been any previous history with that dog, your manager would not be aware of it. All delivery staff should make a note of dangerous dogs in their walk logs.

Health and safety is everyones responsibility.

How many times do you report a dog?
H&S is only our responsibility whenever something goes wrong and they want to punish us, I do try to manage my own but it is increasingly difficult with being pushed harder and harder to do more and more in less and less time

[darth]

http://www.royalmailchat.co.uk/communit ... ow#p152839" onclick="window.open(this.href);return false;

[brothermagrew]

Brother WarDog

May provide an answer: http://www.royalmailchat.co.uk/communit ... 28&t=14867" onclick="window.open(this.href);return false;

[darth]

you must also have mandatory training using a hct.in which you have to sign that you had training and the assessor is happy with the way you manouvre.this was done by a work coach

[brothermagrew]

I got dog attacked on unfamiliar walk, no risk assess/no aggressive dog card on frame/nothing in Walklog. Totally blank!
Manager asked, "Did you look in walklog, proir to doing delivery?" After this meeting, I saw/recorded that it was empty.
Negligence of RM H+S rules/regs? I think so...

Unless there had been any previous history with that dog, your manager would not be aware of it. All delivery staff should make a note of dangerous dogs in their walk logs.

Health and safety is everyones responsibility.

DOM - Yes I agree with what you say as individuals we each (employees & managers) have a legal responsibility under the Health and Safety at Work etc Act 1974 Sections 7 & 8. However, primary responsibility lies with the employer for the health and safety of their employees, contractors, visitors etc; and they cannot delegate their general duties under law, each individual member of staff bears some responsibility for health and safety.

This may be as simple as the legal duty to co-operate with the Employer. However, any employee acting in a managerial or supervisory capacity bears additional responsibilities - the more senior the appointment. the more onerous the responsibility. The level of that responsibility is directly linked to the level of control exercised. In health and safety terms, each manager/supervisor is responsible for those people and activities they are expected to control and are accountable in law for there actions.

The Health and Safety Executive (HSE) are the national body responsible for the enforcement of health and safety law and will consider taking action against individuals following an inspection or an accident investigation. Their enforcement policy states that a prosecution should normally take place in any one of a number of circumstances, including:

a. when a workplace death is caused by a breach of the law;
b. if there has been reckless disregard of health and safety requirements;
c. if the offender's standard of health and safety management is far below what is required.

When considering whether to prosecute individuals, the HSE consider the management chain and the role played by individual managers.The policy states that action should be taken where an offence was committed with the consent or connivance or to have been attributable to neglect on the part of the individual. On the other hand, if a manager has done everything possible to comply with the law, and has taken all reasonable and normal steps to ensure the health and safety of staff, and any other persons affected by that contractors/visitors etc; then it is very unlikely that the manager would be considered for prosecution.

Reasonable and normal steps would include: carrying out risk assessments; addressing high risk matters revealed by that assessment; ensuring equipment is regularly checked and maintained; and ensuring that staff understand their own responsibilities in relation to health and safety are properly trained, and competent to fulfil their functions. Any manager who is uncertain about health and safety issues should contact the Health, Safety and Environment Team for advice. If they follow procedures and reasonable recommendations they will be seen to have properly carried out their health and safety responsibilities.

There are also a number of members of staff who are Trade Union Health and Safety Representatives whose knowledge and experience is available to managers. Detailed information on health and safety matters and copies of legislation may be obtained from the Health, Safety and Environment Team and managers are encouraged to use this resource to support their management tasks.

There are also a number of specific areas of health and safety where it is necessary for a manager to have a basic working knowledge of the duties and requirements. What is required will depend on the circumstances of the work and area concerned but will certainly include:

Risk assessment (including COSHH Assessment where applicable);

Emergency and evacuation procedures;

Accident and incident reporting;

Use of work equipment;

Manual Handling.

Legislation:
Legal responsibilities of employers.
Health and safety law states that organisations must:
• provide a written health and safety policy (if they employ five or more people);
• assess risks to employees, customers, partners and any other people who could be affected by their activities;
• arrange for the effective planning, organisation, control, monitoring and review of preventive and protective measures;
• ensure they have access to competent health and safety advice;
• consult employees about their risks at work and current preventive and protective measures.
Failure to comply with these requirements can have serious consequences – for both organisations and individuals. Sanctions include fines, imprisonment and disqualification.

Legal liability of individual board members for health and safety failures.
If a health and safety offence is committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the organisation, then that person (as well as the organisation) can be prosecuted under section 37 of the Health and Safety at Work etc Act 1974.

Recent case law has confirmed that directors cannot avoid a charge of neglect under section 37 by arranging their organisation’s business so as to leave them ignorant of circumstances which would trigger their obligation to address health and safety breaches.

Those found guilty are liable for fines and, in some cases, imprisonment. In addition, the Company Directors Disqualification Act 1986, section 2(1), empowers the court to disqualify an individual convicted of an offence in connection with the management of a company. This includes health and safety offences. This power is exercised at the discretion of the court; it requires no additional investigation or evidence.

Individual directors are also potentially liable for other related offences, such as the common law offence of gross negligence manslaughter. Under the common law, gross negligence manslaughter is proved when individual officers of a company (directors or business owners) by their own grossly negligent behaviour cause death. This offence is punishable by a maximum of life imprisonment.

Note: equivalent legislation exists in Northern Ireland, ie article 34A of the Health and Safety at Work (Northern Ireland) Order 1978 and article 3(1) of the Company Directors Disqualification (Northern Ireland) Order 2002.

Corporate Manslaughter and Corporate Homicide Act 2007
Under the Corporate Manslaughter and Corporate Homicide Act 2007 an offence will be committed where failings by an organisation's senior management are a substantial element in any gross breach of the duty of care owed to the organisation's employees or members of the public, which results in death. The maximum penalty is an unlimited fine and the court can additionally make a publicity order requiring the organisation to publish details of its conviction and fine.

In considering the liability of an organisation under the Act, a jury must consider any breaches of health and safety legislation and may have regard to any health and safety guidance. In addition to other health and safety guidance, this guidance could be a relevant consideration for a jury depending on the circumstances of the particular case.

[Geezer]

http://www.royalmailchat.co.uk/communit ... 36&t=18797" onclick="window.open(this.href);return false;

Look at this and tell me when has a manager done this as a minimum of once a week as it states.
RM are full of BS when it come to H&S or anything else come to that.

[brothermagrew]

Unless there had been any previous history with that dog, your manager would not be aware of it. All delivery staff should make a note of dangerous dogs in their walk logs.

Health and safety is everyones responsibility.

Let's be truthful and frank DOM, is it not the case that all reported attacks or incidents of menacing will be entered on a local "Hazard Card", "Walk Log" and in the "Dog Attack Incident Sheet", or equivalent, for the information of other Postmen and Postwomen. Further that all reported incidents involving dogs, whether staff are injured or not, will be fully investigated by the Line Manager and where attacks do occur, the Royal Mail policy defines what action Line Managers should take against dog owners. In best protecting their staff the first thing a Line Manager must do is carry out a risk assessment by utilising all available information including Dog Attack Incident Sheet, Walk Logs, Risk Assessment Form WP2 and local knowledge. This will show areas where there is a greater risk of dog attacks and ultimately will enable the Line Manager to produce an Action Plan to minimise that risk.

With regards to WARNING OTHERS - Delivery hazard cards are available and should be placed on the delivery walk to warn others of any problem animals. The available stickers can be used by persons not familiar with the duty to remind them of the potential hazard whilst on delivery.

Important as it may be, it is not just about (in your words) - delivery staff should be making a note of dangerous dogs in their walk log. It is about instituting preventative measures whereupon managerial notification by an employee on a dangerous dog is given due process, and that managers fully adhere to the Royal Mail policy on dealing with dog attacks.

Least we forget that Royal Mail has a duty under health and safety law to reduce risks and prevent injury to their employees at work. The RM policy (Dealing with Dog Attacks) details Royal Mail's actions to minimise the threat from dogs encountered by Royal Mail staff.

[Thunderthighs]

Reply to DOM: My attack was reported to Manager/Asst Manager, BUT...nothing was done, and Another postie was attacked a few months later, same dog.
Nothing on my attack was recorded, nothing was put into the walklog. This was AFTER my attack being reported.
So, we report it and nothing is done!!!!!!!! Management were WELL AWARE of dogs reputation after my first attack.
The onus is on the Management, this is their Role/Task and Duty of Care, to react to all reports, near misses or physical damage.
I had to almost force the attack to be recorded, after insisting with my Union Rep, as we were both initially Refused to record it, approx 3 times!
End of story...