PROHSR8             Influence health and safety duty holders and others for the purposes of work-related health and safety regulation

Overview

This standard covers the skills and knowledge required to identify and maintain effective contact and communication with duty holders and employee or safety representatives for the purposes of health and safety regulation. questioning, persuading, negotiating with and gaining the commitment of duty holders for the purposes of health and safety regulation and exercising a strategic influence on the health and safety policies and resources of organisations for the purposes of better regulation.

It covers

1.            influencing how senior managers set up and use health and safety management structures and systems and associated resource allocation

2.            influencing health and safety policies and procedures within organisations

3.            identifying and establishing contact with the right people at the right time and in the right way, including directors, managers, employee representatives, employees or contractors

4.            gaining access to or negotiating with employers who are uncooperative, aggressive, bullying or actively seeking to avoid contact with the regulator

5.            seeking out and obtaining information from witnesses, employee or safety representatives, directors, managers, employees and others to identify the circumstances of incidents or complaints, the nature of risk control measures, how effective those measures are and improvements that are needed

6.            persuading those in control and others of the need to make changes to improve health and safety performance

7.            negotiating action plans and timetables for improved health and safety performance and gaining commitment to the plans and timetables from directors and senior managers

8.            communicating unwelcome messages

9.            interviewing injured, distressed or traumatised witnesses and discussing incidents and enforcement proposals with the bereaved

 

Outcomes

Performance Criteria

You must be able to:      

1.            manage contacts with the organisation’s representatives in a way that makes sure the regulator is in control of the intervention and that it runs according to plan

2.            identify which people you need to communicate with and the information you need to obtain or deliver

3.            gain entry to the relevant worksite or activities and contact appropriate organisational representatives

4.            make the purpose of activity clear to organisational representatives in a manner likely to gain their co- operation

5.            provide information and professional opinion without compromising the future action of the regulatory authority

6.            communicate in a way which makes sure you know that people understand what is required of them

7.            listen to what people say and ask further questions for clarification

8.            take effective action in accordance with the regulatory authority’s safety policy in the event of non- cooperation and consider alternative courses of action

9.            deal sensitively with people who are injured, upset or shocked, whilst ensuring that you get accurate and clear information from them

10.          identify the best way of influencing appropriate individuals within an organisation to take action to change and improve

11.          identify positive aspects of performance on which further change and development can be built

12.          identify obstacles to change and seek ways to overcome them

13.          explain clearly to both duty holders and safety or employee representatives why changes in health, safety or welfare standards, procedures, policies or management arrangements are necessary and changes needed

14.          communicate persuasively at the right level with the right people to gain support within the organisation for change and improvement

15.          negotiate and agree action plans and priorities

16.          agree timetables for introducing and monitoring changes and improvements

17.          identify when it is appropriate to communicate in writing with duty holders, employee representatives, safety representatives and others

18.          prepare any written communications promptly following regulatory intervention and explain to duty holders what formal enforcement action you have taken

19.          respond promptly to requests for written information, advice and disclosure of information in accordance with the applicable legislation and regulatory authority’s policies and procedures

20.          obtain internal authority for both the type of communication and its content

21.          use words and phrases which can be understood by the recipient, and explain any with which they are not likely to be familiar

22.          consider the needs of third parties for personal or commercial confidentiality

23.          check content of communication is technically correct

24.          explain to people their rights and responsibilities

25.          explain to aggrieved people action proposed and why you have decided not to take actions they were seeking from you

26.          report on activities to colleagues using the appropriate method and house style

27.          identify and share information informally with colleagues in respect of health and safety matters which may be of interest to them

28.          identify areas for action by the regulatory authority and communicate these using relevant channels to inform policy and practice

29.          prepare formal reports which include all relevant data and analysis to support recommendations and conclusions

30.          record sufficiently what has been said and done

31.          record activities on the regulator’s database within appropriate timescales          

 

Knowledge & Understanding

You need to know and understand:

1.            how to conduct inspections, investigations and other regulatory activities

2.            how to operate within the roles and responsibilities of others in the organisation

3.            how to identify the regulatory authority’s current policies and procedures and how to influence them

4.            how to ensure your own health and safety at work

5.            ways of applying knowledge of hazards, risks, options for improved health and safety performance and the likely impact of these on duty holders, their employees, complainants, injured, bereaved or others

6.            how to make best use of benchmarks from other similar establishments

7.            how to apply the regulatory authority’s enforcement policies and priorities

8.            how to identify and make use of sources of further information or support

9.            ways of identifying, gathering and assessing sufficient, valid and reliable information

10.          how to make use of an appropriate range of persuasion techniques

11.          how to apply a range of negotiating techniques

12.          ways of gaining commitment

13.          how different types of organisations work and how to influence them

14.          how to communicate effectively with, and influence, a wide range of people and maintain authoritative but amicable relationships

15.          how to recognise and defuse conflict before it arises

16.          how to manage aggressive or obstructive people and apply the regulatory authority’s policy on dealing with aggression

17.          how you could provide information or opinions in a way which could compromise the future action of the regulatory authority and how correspondence could compromise the regulatory authority

18.          how to identify the types of employee representatives and safety representatives, their roles, and the information given to them

19.          how to apply house style and the content required in formal and informal communication and reports

20.          regulatory authority’s performance and service standards for timeliness, content and quality of correspondence

21.          how to identify technical issues relevant to correspondence

22.          how to follow the regulatory authority’s instructions on handling correspondence with elected members and other similar official correspondence

23.          how to identify types of duty holders and their responsibilities, including owners, users of the premises/activities/site, directors, managers, employees, contractors, manufacturers and suppliers of equipment or substances for use at work

24.          how to identify and use the statutory powers of regulators

25.          how to establish and apply relevant health, safety and welfare legislation

26.          how to apply rules of evidence

27.          how to select and apply the legislation applicable to, and rules on, disclosure of information and open government