Select Committee on Defence Written Evidence


Further memorandum from IOSH

  The Institution of Occupational Safety and Health (IOSH) was pleased to submit written evidence to the Defence Committee Inquiry into the Duty of Care in the Armed Forces on 19 April 2004 and also to provide oral evidence on 16 June 2004. Further to this oral evidence, members of the Committee requested further information from us, which we are now pleased to submit on three subjects: IOSH members in the Armed Forces; Current Armed Forces uptake of IOSH health and safety awareness training and CPD courses; and Possible sources of information on the effectiveness of initial assessment of recruits before training.

1.  IOSH MEMBERS IN THE ARMED FORCES

  In response to question 173 by Mr Hancock, who expressed an interest in knowing how many members of the Armed Forces are also members of IOSH, we provide the following information:


IOSH MEMBERS IN ARMED FORCES JUNE 2004

IOSH membership category
Army
RAF
RN
Totals
FIOSH, RSP
1
0
2
3
MIOSH, RSP
6
5
9
20
FIOSH
0
0
2
2
MIOSH
45
7
39
91
TechSP
33
27
21
81
Total IOSH members
85
39
73
197
Total forces employees
112,000
55,000
43,000
210,000
General ratio
1 : 1,300
1 : 1,400
1 : 590
RSP ratio
1 : 16,000
1 : 11,000
1 : 3,900


Key:

  Fellow (FIOSH)—the most senior category of IOSH membership, granted to those who have achieved recognition by their peers as being a senior professional in health and safety.

  Member (MIOSH)—a person who is a member of IOSH and holds an accredited higher-level qualification and has at least three years' experience as a safety professional. Some members who have degrees in subjects related to safety and health, and who practice in specialised areas, may also hold this grade. Members are also eligible to apply for registration as safety practitioners (RSP).

  The Register of Safety Practitioners (RSP) is a competence register for Members and Fellows who can demonstrate that they satisfy a broad spectrum of competences and who are assessed by their peers as having done so. These people can operate across the whole range of health and safety competences and are required to undertake mandatory Continuing Professional Development (CPD).

  Technician Safety Practitioners (TechSP)—are generally people who operate in lower risk environments or are reporting to more highly qualified practitioners. In some cases they are working towards the higher-level qualifications to gain IOSH membership. A TechSP holds a lower-level qualification and at least two years' experience in safety and health issues.

2.  CURRENT ARMED FORCES UPTAKE OF IOSH HEALTH AND SAFETY AWARENESS TRAINING AND CPD COURSES

  In response to questions 168 and 169 by Mr Hancock, IOSH briefly referred to RAF and RN use of IOSH training courses and we are pleased to provide the following additional information on this:

(a)  Outline of awareness course content

        IOSH Managing Safely is designed to be tailored to meet individual organisation requirements and embraces units of the Employment National Training Organisation standards. It trains all those required to manage safely and effectively in compliance with both their organisation's policy and best practice in Health and Safety. Managing Safely comprises seven core modules, plus an organisation—specific module if appropriate and requires at least 24 hours training plus assessment time, with delivery over a convenient time span.

        IOSH Working Safely trains all non-management personnel to ensure that their actions contribute to Health and Safety in the workplace and that individual responsibilities are clearly understood. Ideally the course should be delivered as part of an induction programme, but it can also form part of ongoing training. Taking at least six hours to complete, the format is modified to suit each organisation's needs.

        An IOSH Managing Safely or Working Safely certificate is awarded to all those who attend the courses and successfully complete the written and practical assessments.

(b)  Currently, there are three RN, one RAF and one MoD establishments licensed to deliver IOSH H&S awareness training courses

        1.  HM Naval Base Clyde—Safety Training Group (5 courses)

           Directing Safely; Managing Client/contractor relationships; Managing Safely Re-certification; Working Safely; and Working Safely Re-certification

        2.  HM Naval Base Portsmouth (2 courses)

           Managing Safely and Health and Safety for Middle Managers

        3.  HMS Drake—Devonport and Western Area Health and Safety

           Introduction to Managing Safely (tailored 2-day course)

        4.  MoD London (2 courses)

           Managing Safely and Working Safely

        5.  RAF Halton

           Managing Safely

(c)  Training Support Services available from IOSH Commercial Affairs Department

         1.  Packaged Training Products: IOSH provides professionally authored and presented packaged training products for appropriately qualified health and safety/training experts to deliver. The package is updated on a regular basis and in order to be able to deliver the package applicants need to become approved by our licensing process to deliver the course.

         2.  IOSH Approved Courses: This service offers those course providers who prefer to author their own packages to send them to IOSH for approval which ensures that the package meets appropriate health and safety standards both in terms of legislation and best practice, is trainer and trainee friendly and, if the package does not meet these criteria, IOSH works with the training author to endeavour to meet these goals.

         3.  Key Accounts: Often for larger organisations IOSH can offer one-off bespoke arrangements which are agreed through a contractual process to get us involved or as uninvolved as the client requires in the delivery of health and safety training from, for example, the provision of distance learning packs to the quality control of assessment and accreditation processes. IOSH endeavours to be as flexible as possible in this service and the solutions offered are often appropriate for organisations who have larger volumes of staff to train and for whom financial concerns are an issue.

(d)  Additionally, five RN and one RAF establishments run IOSH accredited CPD courses as follows

         1.  HMS Clyde; HMS Collingwood; and HMS Sultan

          Work Place Risk Assessors Course

         2.  HMS Devonport (3 courses)

          Accident Investigation Reporting; COSHH; and Work Place Risk Assessors Course

         3.  HMS Nelson (2 courses)

          COSHH and Work Place Assessment Course

         4.  RAF Halton health and safety (2 courses)

          Manual Handling Instructional Techniques and Risk Assessors Course

          RAF Halton environmental (10 courses)

          Air & Noise; Conservation; EMS Foundation; EMS Implementation; Introduction to Environmental Protection; Land & Water; Law & Policy; Practical Pollution Prevention Training; Utilities Management; and Waste Management

  3.  Possible sources of information on the effectiveness of initial assessment of recruits before training: in response to questions 166 / 167 by Mr Hancock and 180 / 181 by Mr Gapes on the subject of psychological testing, IOSH explained that we do not have particular expertise in this area, but believed that the committee had access to appropriate experts. Subsequent to our oral evidence, we received an enquiry seeking guidance and advice on where to obtain information on the effectiveness of psychological testing. With the caveat that this subject is not within our area of competence, we have provided the following response and are pleased to offer the same possible avenues for you and your advisers to explore, though we do not suggest that these are comprehensive or necessarily the best:

    (a)  The British Psychological Society (www.bps.org.uk) is the representative body for psychologists and psychology. The BPS has a psychological testing centre which can be accessed on www.psychtesting.org.uk/ where they present the results and effectiveness of various testing methods and charge for access to the full reports. One summary report which may possibly deal with the general subject area and so be of interest to you, can be found on the BPS psychological testing website at: www.psychtesting.org.uk/summary.asp?id=101 However, we have not subscribed to this site and have not read the full report, so cannot be specific as to its relevance to a military situation.

    (b)  The Institute of Psychiatry (www.iop.kcl.ac.uk/) provides post-graduate education and carries out research in psychiatry, psychology, and allied disciplines. The website provides access to research papers, some of which you may wish to have reviewed by your experts for their applicability and significance to your research. An example might be a 2003 paper titled Deliberate self-harm in a non-clinical population: prevalence and psychological correlates, which examined over 1,900 US military recruits and compared the personality traits of those reporting self-harm, with those who did not. The full paper can be accessed on: www.ncbi.nlm.nih.gov/entrez/query.fcgi?cmd=Retrieve&db=pubmed&dopt=Abstract& list—uids=12900314, again, not having read this paper, we cannot comment on its possible usefulness to you.

    (c)  The Royal College of Psychiatrists (www.rcpsych.ac.uk/index.htm) is the professional and educational body for psychiatrists in the United Kingdom and the Republic of Ireland. The college produces the British Journal of Psychiatry (http://bjp.rcpsych.org/) which publishes papers from both the UK and around the world and includes editorials, review articles, commentaries and short reports.

    (d)  The UK Parliament website provides access to a 1996 "Parliamentary Office of Science and Technology" technical report (POST Technical Report 87), titled Psychological evaluation and gun control (www.parliament.uk/post/pn087.pdf), examining the testing of members of the general public prior to issuing "firearm" or "shotgun" certificates. The report indicated that the validity of the testing criteria was being investigated in an American study comparing risk factors and violent behaviour in almost 1,000 psychiatric patients following discharge from hospital, with those of a control population of 500 members of the general public living in the same area (www.macarthur.virginia.edu/risk.html). Other work in this area is also reported in the British Journal of Psychiatry (http://bjp.rcpsych.org/cgi/content/full/176/4/312).

    (e)  We believe that the US police and US military use psychological testing, but we have no information on its effectiveness (an internet search has produced the following examples of use, which may be of interest: North Carolina police training provider regime www.rccc.cc.nc.us/continuing—ed/blet.html; the California State police recruitment guidelines www.calstate.edu/HRAdm/pdf2003/HR2003-06.pdf; The Virtual Naval Hospital Project www.vnh.org/Admin/DODInst6490.4/DoDInstr2.html, a service of the U.S. Navy Bureau of Medicine and Surgery; and the California Commission on Peace Officer Standards and Training [POST] www.post.ca.gov/regulations/doc/section—c.doc).

    (f)  Further reading: though we have not read any of these reference books and cannot pass an opinion on them, we hope they represent a body of knowledge on the subject you are researching, though some are quite old:

      —  Dillon, R. F. (1997). Handbook on testing. Westport, CT: Greenwood Press. The Handbook on Testing highlights major work in educational, psychological, technical, and occupational testing in public and private sectors. Theoretical issues in measurement are discussed. Standards for tests and testing professionals are described. A range of test environments, testing programs, and groups of examinees are included. A variety of suggestions for improving the use of tests for selection and classification are given. Examples of programs linking testing with training are provided, and the use of tests to promote learning is described.

      —  Driskell, J E, & Olmstead, B (1989). Psychology and the military: Research applications and trends. American Psychologist, 44, 43-54.

      —  Gal, R, & Mangelsdorff, A D (Eds) (1991). Handbook of military psychology. New York: Wiley.

      —  O'Brien, T G, & Charlton, S G (Eds) (1995). Handbook of human factors testing and evaluation. New Jersey: Lawrence Erlbaum Associates, Inc.

      —  Rumsey, M G, Walker, C B, & Harris, J H (Eds) (1994). Personnel selection and classification. New Jersey: Lawrence Erlbaum Associates, Inc.

      —  Wiskoff, M F, & Rampton, G L (Eds) (1989). Military personnel measurement: Testing, assignment, evaluation. New York: Praeger.

July 2004


Memorandum from the Chartered Institute of Personnel and Development (CIPD)

  CIPD is the largest body in Europe concerned with people management and development, with over 100,000 members in the United Kingdom. Many of our members have responsibility at senior levels for people management and development in both public and private sectors.

Why does the duty of care matter?

  Research undertaken on behalf of the CIPD has confirmed the link between a wide range of HR practices and business performance. Issues about health and safety need to be seen as part of a spectrum of people management practice that will have a direct impact on employee attitudes and behaviour. In other words, the issue is not only one of legal compliance or indeed "good practice": it will have a direct effect on organisational performance.

What is the legal duty of care?

  The common law duty of care on employers in respect of their employees has been highlighted in a number of cases going back to Wilsons and Clyde Coal Company Ltd v English (1938) AC 57. The duty extends to ensuring competent and safe fellow employees, with a corresponding duty to remove dangerous employees, and paying attention to employee complaints about unsafe work equipment or methods. The extent of guidance from decided cases is relatively limited and has been developed primarily in relation to claims of unfair dismissal. Nevertheless the general principle is well established and underpins employers' statutory duties in respect of health and safety, which require them to carry out risk assessments and put in place appropriate measures to guard against risks. Specific obligations apply in respect of vulnerable employees and particularly dangerous workplaces or activities.

What is the impact on the employment relationship?

  The duty of care should however not be interpreted narrowly or simply in relation to physical security. The employment relationship can be seen in terms of a psychological contract between employer and employee, the state of which can be described as a broad measure of employee satisfaction or morale. Research which the Institute has undertaken in recent years supports a model which links the psychological contract to employees' perceptions of fairness, trust and the extent to which the employer has delivered on the implicit "deal" between them. The duty of care on employers might be seen to extend to their respect for individual employees, as reflected for example in diversity policies and practice and a management style that relies on team-building, communications and employee support.

Should armed forces training establishments apply the same standards?

  The Institute believes that employing organisations in the armed forces should in principle accept the same obligations in respect of their employees as other employers. Clearly precisely identical standards cannot be applied in all circumstances and service personnel must be assumed to have accepted a higher degree of risk to life and limb while on active service than those in civil employment. However there is no obvious reason why service personnel in training establishments should be thought to have accepted the risk of negligence on the part of their employer, or of assault by colleagues.

What does the duty of care amount to in practice?

  Standard advice on implementing effective policies towards health and safety focuses on the need to undertake proper risk assessments and take appropriate action to control risks by, for example, ensuring that personnel are properly trained, qualified and informed and that installations, appliances and equipment are up to standard and safe to use. Useful general advice on dealing with the specific issues of bullying and harassment is contained in the attached fact sheet prepared by the Institute, which focuses on the need to undertake a thorough investigation of allegations and provide advice and counselling for individuals outside the direct management line. Training may be needed for those responsible for the health and safety of trainees, and disciplinary action taken in respect of individuals who may over a period fail to meet the required standards of behaviour. Private sector employers that are most successful in tackling these issues are those that have established a "safety culture" and this needs to be championed from the top of the organisation.

How will the armed forces benefit from effective implementation?

  The benefits to the armed forces of following good practice will be substantial. The fabric of military discipline rests on trust and confidence on the part of service personnel that they will be professionally managed and led. Looking after the interests of employees is important to maintaining motivation, loyalty and commitment and to reducing ill-health (including stress). Armed forces personnel on active service will expect their safety and health to be in the forefront of the minds of their senior officers and there seems no reason why less should be expected of officers in training establishments. The ability of the armed forces to demonstrate publicly that it takes its responsibilities as an employer seriously, and that it is prepared to take effective action to protect trainees, will affect its reputation and its ability to recruit and retain high quality people.

April 2004



 
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