When health and safety becomes a hot seat

29 January 2010

As a health and safety professional, you’ll know it’s not uncommon for employers to ignore your advice. This needn’t be an insurmountable problem – negotiation is part of the job.

But there can be times when the employer or client is ignoring advice on something that presents an imminent danger to the workforce. In these situations, IOSH members are always advised to refer to our Code of Conduct to see what is expected of them.

Health and safety professionals are required to exercise professional independence and to remain as objective as they can. If you believe your advice is not being followed, you should take reasonable steps to make the person overruling your advice aware of the potential consequences. This would normally be in writing, and you should ask for a confirmation receipt.

If this doesn’t work, then an IOSH member would be expected to escalate the matter to the next tier of management in a further effort to see changes implemented.

In a situation where there is a genuine concern that death or serious injury might result, then the right thing to do would be to contact an enforcement agency such as the Health and Safety Executive (HSE). IOSH members are expected to “do the right thing” regardless of the possible cost to themselves. In extreme cases, this might mean resigning or ending a relationship with a client.

While code point 13 states members should not “improperly disclose” information about a present or past employer, or client, the need to protect life and limb would be a proper reason for contacting an agency like the HSE. If a whistleblower can demonstrate they were acting in good faith, then they are unlikely to breach code point 13.

If you would like to discuss the IOSH Code of Conduct, please contact Simon Buckler, ethical practice manager, on +44 (0)116 257 3365. If you wish to discuss an employment law issue, then contact the members’ helpline on +44 (0)116 257 3199.