You cannot outsource your responsibilities...

The UK Health and Safety Executive has highlighted the issue of outsourcing risk assessments to consultants and has warned that using external consultants does not absolve your organization of responsibility if the consultant’s advice is incorrect.

Although the HSE’s advice is aimed at the health and safety sector, the principle remains the same for business continuity and corporate governance related risk assessments.

The issue is raised in a press release issued this week by the HSE which reads as follows:

"You cannot outsource your responsibilities' HSE warns after the prosecution of a health and safety consultant The Health and Safety Executive's (HSE) prosecution today of a health and safety consultant appointed to advise a quarry company has prompted a call for employers to take care in their selection of and use of health and safety advisers.

Health and safety consultant Richard Atterby of York was today (24 February 2009) fined £1,000 and ordered to pay costs of £700, having pleaded guilty in a hearing at Bradford Magistrates' Court of an offence under Section 36(1) of the Health & Safety at Work etc Act 1974 relating to his failure to make a suitable assessment to the risk to health of employees from a substance hazardous to their health.

The court also heard that an offence committed by his client, George Farrar (Quarries) Ltd of Keighley was due to the poor quality of his advice. A number of charges against George Farrar (Quarries) Ltd arose from an incident investigation and site inspection carried out by the HSE. The incident involved a stonemason, who fell over three metres from the side of a tipper truck that was being loaded with waste stone, breaking both heels. However, the investigating Inspector also noted inadequate controls to protect the health of employees at risk of inhaling stone dust.

At a hearing in Bradford Magistrates' Court on 7 January 2008, George Farrar (Quarries) Ltd pleaded guilty to three charges under Regulation 3(1) of the Management of Health and Safety at Work Regulations 1999, Regulation 6(2) of the Work at Height Regulations 2005, and Regulation 7(1) of the Control of Substances Hazardous to Health Regulations 2002, and was fined £3,000 on each of these charges plus HSE costs of £4,532, and an order for compensation of £3,000 was made in favour of the injured worker.

Richard Atterby had provided health and safety services to George Farrar (Quarries) Ltd for over three years. His work involved carrying out risk assessments on behalf of his client. The court heard that the failure of George Farrar (Quarries) Ltd to make a suitable and sufficient assessment of the risk to the health of their employees from exposure to respirable crystalline silica, arising from the processing of sandstone, was the poor quality of Mr Atterby's advice.

HSE Principal Inspector Keith King said: "The health risks to stonemasons arising from exposure to respirable crystalline silica can be devastating. The risk assessment done by Mr Atterby was superficial and totally inadequate and it led to a high risk of exposure to respirable silica during stonemasonry work because effective measures to mitigate exposure were not determined and implemented.

"This should serve as a salutary lesson for all employers who rely too readily upon paid advisers. You cannot outsource your responsibilities - the duty of care remains with you as an employer and the selection and use you make of consultants is crucial. Employers have to make absolutely sure that anyone who they commission to carry out assessments on their behalf is fully competent to do so. Consultants should not attempt to give advice on matters unless they have adequate knowledge, training, skills and experience to make the right decisions about risks and precautions that are needed.”

•Date:26th February 2009• Region: UK •Type: Article •Topic: BC general
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