Rank: Guest
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Posted By Paul Crump
Can anyone tell me from experience the likely fines that would be imposed on a company who knowingly breach section 2(2)c of HASAWA. ie, failing to provide information, instruction, training and supervision for staff.
thanks
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Rank: Guest
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Posted By David J Bristow
Hi Paul
I would suggest that similar to the National Health Service in which there seems to be a wide disparity of service, e.g. chances of survival, level of health care services and likewise depending on what part of the country you live in will depend on whether the case is dealt with by the Magistrates or the Crown courts and also the level of fines imposed.
As I am sure we are all aware, in some parts of the country were a person has suffered fatal injuries the company being prosecuted will be dealt with by the Magistrates court whilst in other parts of the country the Magistrates will indict to the Crown court and in some cases companies not even being fined the maximum in the Magistrates court.
I think it is time that the Health and Safety Executive and others pushed for a more unilateral sentencing policy and at the very least were a company is being prosecuted as a result of some person being killed at work then these cases should automatically be sent to the Crown court.
I believe there would not be many of us safety professionals that would disagree with the last comment.
I appologise if I have rambled on a bit - So to answer your question what part of the country are you from!
Regards
David B
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Rank: Guest
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Posted By Steve Appleton
You may find this link helpful. It's the HSE database of prosecutions resulting in conviction since April 1999. You can search by a range of criteria, including breach of specific legislation.
http://www.hse-databases.co.uk/prosecutions/
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