Thread: Why Management Health & safety 1992

Hi all,

I have an issue with my employer over an accident on my motorbike.

This is the second time I have been brought off my bike due to pot holes in traffic routes! I never claimed the first time but I told them about it. I have claimed personal injury this time. His response was to ban my bike from the site. I had a grievance meeting with the MD over it, and now he has responded with, all bikes are banned, not just me. Only I use a motorbike lol.

The thing is he has rejected my grievance and said he is duty bound to assess traffic risks, to the safety of our employees and anyone else! This is under the management health, safety & welfare regs 1992. Why would he use 1992 and not say 1999?

Also I have my appeal hearing tomorrow and the MD is to chair it. Is the same person allowed to chair the grievance hearing and the appeal?

The 1992 Regs have no standing. They were revoked in entirety by the 1999 Regs.


The Management of Health and Safety at Work Regulations 1999 R.29

Revocations and consequential amendments
29. - (1) The Management of Health and Safety at Work Regulations 1992[21], the Management of Health and Safety at Work (amendment) Regulations 1994[22], the Health and Safety (Young Persons) Regulations 1997[23] and Part III of the Fire Precautions (Workplace) Regulations 1997 are hereby revoked.

So, presumably, he knows not of what he speaks

I did think this, but also thought it may be a get out, and he could say he didn't know something as he had old regs to work from! Does using old 1992 regs help me in any way, do you think?

Originally Posted by eggyhead

I did think this, but also thought it may be a get out, and he could say he didn't know something as he had old regs to work from! Does using old 1992 regs help me in any way, do you think?

He could say what he likes, but he would be a fool. If he refers to the 1992 regs in any proceedings, it should be sufficient to state that the regs were revoked in 1888 to bring such proceedings to a halt.

Consider this parallel. In 1992 a 50 mph speed limit is applied to a road; in 1999, a new Order lowers the limit to 30 mph. Are you entitled to carry on doing 50 mph just because you only have a copy of the original order? Ignorance of the law is no defence.

Thanks.

I have had my appeal and pointed out some health and safety things I think are iffy, and the fact they are using the management H&S 1992 regs. All the MD said was "my H&S man knows what he is doing". I haven't had a response yet, but if in the end it went to a tribunal, can he use the 1999 management regs, when the letter from my grievance meeting says there decision used the 1992 regs?

Also, because it's not been answered yet, and I'll do another thread if you don't know.

Can the MD chair the grievance meeting and the appeal? As he has!

My motorbike accident was on the works site as I arrived for work. Should they have reported it to the HSE? Or is that just work related accidents?

He's not going to solve anything by banning bikes. This is one of the things I appealed about. But as I am the only one who uses one every day, he can get at me this way! There is no boubt it is me he wants off site, as I have made an injury claim.

I never put it in an accident book, because I had the accident and then left and was off for 7 weeks.

How do I find out if it was reported to RIDDOR?

I also find the fact he chaired both meetings a bit odd. But guess there is nothing I can do now, is there?

Thanks everyone for your time.

I havn't had word back from my appeal yet, but that said why would he change his mind from the original grievance hearing lol.

I will phone RIDDOR as you say, and see it it's reported. I would say not because no one has been in touch with me over it.

I really would like to get my bike back on site, if only so it's safe throughout the day. But don't think any of, or all of the things he has mest up would be of use at a tribunal! Not that I know how one works.

So far he has,

Not reported an accident to RIDDOR.
Chaired both grievance and appeal hearings (giving only 2 days notice for appeal)
Used old Management H&S regs 1992.
Not yet told work force a ban is in place.
Removed bikes on H&S grounds, but left his traffic routes it the same shocking state!
Refused to comment on my accident when I brought it up at my appeal, (said he can't coment as I have a claim ongoing)

Right, I phoned RIDDOR. They will get back to me after a search, upto five days. I asked them to look and see if my first accident was reported 3 years ago. Turns out they will anyway, search is for anything reported with my name on it.

I'm sure someone from work would have noticed and told me if anyone had been to inspect the site.So i'd say he's kept it all to himself. And I assume broken heath & Safety law, sat back and said sorry, your bike is the risk under Health and Safety! Makes my blood boil!!

I had an accident because my bike slid on ice, on ground that holds water, due to mud and rubbish all over the pot hole covered traffic routes into work. This was on 9th of Feb this year. The same thing happend 3 years ago 200 yards further up the road!

No. This is all of interest to me but I don't know how it all works, and my boss won't tell me, will he lol. I'm going to see what RIDDOR say first.

Right, turns out, it, or something was reported. So nothing more I can do there. Although no one has asked me anything about it!