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Posted By Ashley Williams
Regarding the article below, it would appear that less reputable companies with poor safety standards, now have a new escape route when it comes to non compliance with safety legislationn. Comments please?
Guilty company escapes fine
Despite HSE prosecution for failing to meet the requirements of the Health and Safety at Work Act in the circumstances of a serious accident, a company has escaped without fine.
R F Rubber Products, of Ashington, Northumberland, received an absolute discharge from South East Northumberland Magistrates' Court when it became clear that the firm had ceased trading and could not meet any fine imposed.
A former employee, John Slack, 39, sustained serious burns to his hands and face when attempting to clear a blockage in an injection moulding machine. Hot nylon at 260º C exploded in his face.
Mr Slack lost the sight of an eye and can no longer breathe through his nose.
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Posted By Paul Maddock
If the company can't pay the fine, then I think it would be appropriate for the company director(s) to spend some time at Her Majesty's Pleasure in view of the seriousness of the incident.
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Posted By Jim Sweetman
Ashley,
I go along with your frustration. However, if the Co. no longer exists, it cannot be taken to task. If the case had been against an individual(s), as Paul suggests, then someone could have been held accountable.
It seems that the biggest 'get out' is if a prosecution case does not involve an individual as a target. By the time due legal process has been followed, a Co. can become non-existent - not so an individual.
Maybe it's time for a rethink on enforcement policy - to ensure that an individual(s) is always 'fingered'.
Jim
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Posted By Nick Higginson
Ashley,
I totally agree.
On a similar issue, has anyone else noticed the amount of cases reported in this months Practitioner where companies or directors were let off with lesser fine because they did not have sufficent funds to pay? Can you get out of going to prison because you don't have any spare time at the minute?
Regards,
Nick
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Posted By Jim Walker
How much work did this company "steal" from competitors, who were acting responsibily?
CBI etc. keep moaning about "red tape" but until HSE get tough, there is no level playing field for the honest majority.
P.S
Wonder if they start up again with another name, like the ****** who owes me £500. Went bankrupt one week, started up a week later same premises, same staff, slightly different name and wife as director.
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Posted By Jack
I have heard that HSE inspectors are now required to consider formally (in writing) for each case they investigate whether there is a Section 37 case to answer. That should encourage more Section 37 prosecutions but time will tell.
Jack
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Posted By Nigel Burrows
Hi Ashley,
I had a similar case last year where I was attempting to prosecute a firm following a serious accident to a young worker using woodworking machinery.The case against the Limited company failed due to the fact that they had 'gone into Administration'. However
I was still successful in prosecuting the Managing Director as a responsible individual
and I think HSE will increasingly adopt this approach
regards
Nigel
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