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#1 Posted : 29 January 2004 10:43:00(UTC)
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Posted By Nick Higginson Dear all In a similar vein to a previous thread, I am looking for instances (prosecution or enforcement action) of consultants (health and safety preferably, but any activity will do) giving negligent advice. Any help would be appreciated. Regards Nick
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#2 Posted : 29 January 2004 13:36:00(UTC)
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Posted By Charles Robinson Tech SP Try the following link http://www.bailii.org/cg...arch&rank=on&callback=on there are several cases that may be of use
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#3 Posted : 29 January 2004 14:18:00(UTC)
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Posted By Allan St.John Holt Charles, what an excellent link you've given us all! The find of the day for me, and I invite others to browse around that site. Just copy the whole address into your browser. They don't hold old case records, of course. The first I can remember was in the sixties, when construction safety consultants Richardson Hill & Partners were either sued or prosecuted successfully - I think sued - following an inspection they made of a hoist in Brighton which turned out to be less safe than was supposed. I seem to remeber the case was written up in Redgrave, but I don't have my early editions to hand to check it out. Allan
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#4 Posted : 29 January 2004 15:45:00(UTC)
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Posted By Jason Gould Thanks Charles The link is may come in extremely usefull. Any others :) Jason
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#5 Posted : 29 January 2004 16:43:00(UTC)
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Posted By Diane Thomason Nick, There's one I remember from TSHP, probably last year. It involved a consultant who had done a survey (dust or noise, I forget) for a company. The company relied on his results which turned out to be dodgy, and were found guilty of some breach to do with the noise/dust. Consultant was prosecuted and found guilty under HSWA for "causing an offence to be committed by another" - can't remember which section. (sorry about all this forgetting details!) It was ruled that he should not have done the survey himself as it was outside his competence - he should have had a qualification in occ hygiene to be doing this sort of survey. Maybe someone else remembers this and can post the details. Diane
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#6 Posted : 30 January 2004 09:07:00(UTC)
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Posted By Smurfer The only additional detail I can remember, Diane, is that the consultant didn't take enough samples to provide representative information. This sometimes happens when a client looks for ways to reduce the cost of calling in specialists and then doesn't take their advice (of course, I'm not saying this happended in this case...)
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#7 Posted : 30 January 2004 09:54:00(UTC)
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Posted By Geoff Burt A firm of planning supervisors was prosecuted along with their client something like 2 years ago - vaguely remember it was something about not dealing with asbestos properly.
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