Health and Safety. For whom? – Risk Assessment. For whom?
The above is Burdock’s Famous Fish&Chips Shop reassuring their customers that their Fish Burger actually does contain… FISH! And that it may also contain… FISH! This is all about health and safety and risk assessment. Because if you have an allergy against fish and you buy a fish burger in Burdock’s, you eat it, and die of it – they will be able to say:
You have been warned!
Tonight’s blog turned out to be a bit longer than usual and then planned. But I thought it would be worthwhile sharing how ‘health and safety’ regulations and ‘risk assessment’ procedures can defy any common sense and, in practice, often amount to (at least a partial) denial of service if complied with. At least in our case.
So, read patiently on and let me know what you think. (And please keep in mind that none of the following is meant to be in any way a personal criticism of any one person in particular.)
We learned a day or so ago that for Pádraig to be transferred from the bed to the wheelchair three carers would have to be involved to comply with health and safety regulations based on a risk assessment. Now, there are never three carers in our house at any one time (except once when there had been a scheduling misunderstanding). There are not enough buttons to press and limbs to hold, there is not enough room for three carers to become involved around Pádraig’s transfer. To put it into perspective, they had been doing this for weeks with two carers; I can transfer Pádraig safely on my own, and so can other family. So whose health and safety, whose risk are we talking about? What are the carers there for if they cannot perform one of the very basic tasks ever, the transfer, because there won’t ever be enough of them there at the same time?
We bought a tilt table. Not because we wanted to but because this was the only way to get Pádraig standing up on his feet. For months. It’s a tilt table with the European CE mark showing it is approved medical equipment complying with European standards and regulations. Pádraig had been standing before in a standing bed, in an EasyStand, in an Erigo, and in a Lokomat, and there was no issue there with him standing in a tilt table. Now we have been told that Pádraig’s carers are only allowed to assist with the transfer from the bed to the tilt table because it’s similar to the transfer from the bed to the wheelchair. They are, however, not allowed to hold his head while he is in the tilt table because… well, because holding his head in a tilt table is apparently different from holding his head in the wheelchair, when helping him to eat, when he is in the hoist. Something (I’m not quite sure anymore what) will have to be assessed to ensure all health and safety regulations are observed and there is no risk. Risk to whom? (You will remember that one of the physios called Pádraig’s GP because she was concerned about his oxygen levels – when Pádraig had not stood for months. If that was not a health and safety issue – and, indeed, an utterly unnecessary and grotesque risk for Pádraig! You don’t need to be a doctor to know that not standing for months is really, and I mean: really, bad for your health.) So, risk to whom and of what?
As you know, friends donated their mother’s wheelchair car to Pádraig when she had sadly passed away. In order to get the car insured, I needed to get an engineer’s report vouching for the car’s and its appliances’ safety. As you will also know, we drove Pádraig from Hamburg to Pforzheim and from there to Cherbourg and Dublin. When I wanted to bring Pádraig to his childminders and dear friend’s funeral not too long ago, the carer on duty refused to accompany us in the car – so we walked. It has now transpired that carers are not allowed to accompany the person they care for in a car unless this car has been assessed to ensure all health and safety regulations are observed and there is not risk. Risk to whom?
Pádraig recently got a new shower chair, a ‘device’ we have not used very often in the past because in Germany it was not practical. Pat and I have started to use it with Pádraig now and he is really enjoying it. We are still working to try and find the best possible way to operate the hoist, sling, shower chair and towels. Strangely, there is no problem from the ‘health and safety’ and ‘risk’ point of view for them to use the shower chair. Although – until we have figured out ourselves how to use this, we will not allow the carers either.
Carers are not allowed to clean (although some things they are allowed to clean – I’ve just lost track of what) but they are allowed to stand in for physios and OT. So, not only are there no trained neuro-therapists available to provide regular treatment a number of times a week, carers – not trained and not qualified in therapy – are asked to stand in. I see serious health and safety issues, as well as great risk for Pádraig here.
There is no common sense in any of this. One thing is a funny sign warning customers that there may be fish in a fish burger. Another thing is a very serious perversion of what health is all about, what safety is all about, and what risk is all about.
And anyway – (most) people are smarter than senseless regulations. They know that fish burgers not just may, they actually do contain fish. And if they’re allergic to fish, they don’t eat fish burgers. Sign or no sign.
What do you think?
If you are free and would like to go out with Pádraig and myself tomorrow for our Wednesday outing at 2:30, please let me know.

Hi Reinhard. I am astounded and dumbfounded!honestly,sounds bizarre some of the policies in the health and safety schedules and they don’t appear to be really compatable with practical living.polices are there to protect but who/what sometimes?You are a mover and a shaker and no doubt between Pádraig and yourself ,change will come.I really look forward to joining you both some Wednesday’s but still not recovered..tiocfaidh mo Lá..!👍
Yes, Norma – our day will come too, one day:) I am sure that things will change, people, generally, are reasonable and smarter than ‘systems’ gone crazy. I am so sorry to hear that you’re not well and wish you a speedy recovery! We’ll meet some Wednesday for a big outing when the sun will be shining upon all of us!
To my mind risk assessment serves the purpose to minimize a risk, to avoid it completely is not possible. But the purpose of it cannot be to refrain from it altogether because the risk for those not being helped is extremely high, in this case for Padraig. Why else do we have firemen and a sea rescue service? I’m so sorry to hear about this new obstacle.
The way I start to understand it, Gisela, is that the “risk” is that they might be sued if something happens that had not been ‘assessed’. Nothing got to do with the person being cared for. It’s a culture of litigation and people taking advantage of it that is, at least partially, responsible for this mad stuff going on.
I’ve heard people (not in this house) saying that there is always an Irish solution to an Irish problem which is to ignore what doesn’t make sense and carry on. The only thing you get when you knock your head continuously against a wall is – a bloody head and people looking at you feeling pity:)
I do not know whether to laugh or cry ! The same rules in time and space for a changing world so fast and you get to aberrations … Only in primitive societies that ALL the rules of the community keep all their common senses.
Well – you couldn’t make it up, Mannick! I am thinking about a second (third?) career as a stand up comedian, there’s plenty of material here to entertain a crowd for a few evenings. Take these stories out of their very sad and real context, and tell them with a single light shining on you on a big stage with a few people drinking beer and wine, having a good time. It would be a run-away success.
The problem for us is that decisions are made by decision-makers with no experience of what is going on here; and they, incredibly, don’t trust us; and they make (some) things so difficult that what is meant to be of help turns into an obstacle.
It’s similar to what I thought months ago: things would change much faster if the Minister for Health spent a few months (days?) in a public ward in a hospital.
Reinhard – This brought back memories of hospital lift and our early days back at home. I am afraid we have walked away from alot of support and carers because of the absolute exhausting tirade of ‘Rules and Regulations’. Risk!!! Nothing happens in life without risk , Padraig and young people will not improve without taking some risk.
Emma is really enjoying the rehab in Germany and is on roller blades on the Vector machine! The next step is to get her out on her roller blades again with protection gear so she can feel the freedom and it is worth the RISK!! She has only improved because we have let her take risks………..
Great to hear you and Emma are enjoying the rehab in Germany so much! Great to see your blog too! The gig on roller blades and the vector must be a first! There is only one place that is risk free and it’s in a box three foot under. Life is risky – we have all learnt that.
http://www.hsa.ie/eng/Publications_and_Forms/Publications/Occupational_Health/Guidance_Healthcare_Sector.pdf. 7.11 Review effectiveness of control measures
When the management action to control the risk has been agreed, and the responsibility
for implementing the action has been delegated, then it is essential that monitoring
ensures that the desired effect of the control is being achieved, and that it is long lasting
and sustained. Monitoring also allows examination of the effectiveness of the
implemented control, and consideration of revision can then take place. The Safety Officer with responsibility for the Carers needs to act.
So when the ‘desired effect of the control’ bites itself in the tail, the Safety Officer ‘needs to act’. We haven’t been introduced to a safety officer. – But maybe the section you quote, Martin, needs to be re-written into plain English for the carers and their employers and the HSE staff to understand it?