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Posted By Chis Fish
Has anybody been prosecuted under these provisions if so could any one point me in the direction of the case law
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Posted By stephen j mills
Chris,
There is a case of 'Skinner v H M Advocate'
(1994).
In this case S was a Gas Board supervisor who was responsible for a site where a new gas main was being laid.
He was convicted under S7 of the HSW Act 74 for failing to warn motorists of the work being undertaken, and was deemed to have failed to take reasonable care for the safety of others.
Hope this helps.
Steve.
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Posted By Allan St.John Holt
Chris,
You have to remember that the majority of H&S prosecutions are taken and concluded in magistrates' courts, which are not 'courts of record', and so the only way of tracking them down is to watch the HSE Web site or read about them in local press or H&S publication. The British Safety Council scours the country for such reports and often attends prosecutions to write them up for the benefit of the unwise!
You can get an idea of the total numbers each year by checking out the annual HSE Statistics, which are usually published in the autumn. This document gives loads of information on prosecutions in bulk, including penalties awarded, but individual cases are not described. Hope this helps,
Allan
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Posted By Diane Warne
In 2000 there was a case involving two fatalities at Harvestime/Fresha Bakeries in Leicester. The company was heavily fined but the chief engineer was also fined for failing to take reasonable care for the safety of others. I have details of the case saved from the local paper if you are interested.
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Posted By Diane Warne
Just seen another one on the Workplacelaw Network newsletter - unfortunately the details are members-only.
Prosecution After Man Endangered His Own Safety
A man was prosecuted by Environmental Health Officers in Coventry following an incident when he drove a company fork-lift truck without permission and endangered his own and other peoples' safety. Steve Shutler of SP Shutler Associates reports. (Members only)
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