Rank: Guest 
|
Posted By VickyE
Hi,
Can anyone tell me, if I were appointed the main Competent Person at my workplace (a care home) and assuming that I am adequately trained in the areas which I am responsible for, how far could a prosecution go if the worst were to happen? How much liability do I have? Could I potentially be prosecuted for corporate manslaughter?
Thanks.
|
|
|
|
|
|
Rank: Guest
|
Posted By Jerry Lucey
Hi Vicky,
To be competent a person needs an appropriate level of training, education and experience and the experience would need to be in a similar role or one that would equip you for the role you are to undertake.
The onus is on your employer to make a 'competent' appointment and your main duties would be your Employee Duties under the Health & Safety at Work Act 1974.
Hope this helps
|
|
|
|
|
|
Rank: Guest
|
Posted By Ron Young
Lets say that you had the correct level of training and experience to manage your role and to all intents and purposes you were "competent". If any advice given by you to your employer in that role was wrong or non-existent and that led to an incident, I would say you had a liability.
|
|
|
|
|
|
Rank: Guest
|
Posted By Dave Wilson
Just remember about Employers Liability and employers being responsible for the Torts of their employees as long as they are working inside the scope of their employment.
|
|
|
|
|
|
Rank: Guest
|
Posted By Ron Young
Agreed Dave but remember the Fatty Arbuckles scenario
|
|
|
|
|
|
Rank: Guest
|
Posted By Dave Wilson
Agree but remember this bloke knew what he had to do but didn't do is my take on it.
|
|
|
|
|
|
Rank: Guest
|
Posted By Jonathan Sandler CMIOSH
In reply to your question, the answer is simple, if you knew, as a result of your advice being incorrect, that has resulted in the death of a person, carrying out your task you instructed them to do, then the penalty of the law would be used. And may god have mercy on your soul.
|
|
|
|
|
|
Rank: Guest
|
Posted By Bob Thompson cmiosh
I agree with Johnathan. Section 37 of HASWA would apply. you need to ensure that you dont give advice beyond your level of competency and dont connive , contrive or turn a blind eye to any contravention of safety systems or practices.
Regards Bob
|
|
|
|
|
|
Rank: Guest
|
Posted By Jerry Lucey
Fatty Arbuckles is an interesting scenario and raises a very interesting point in that it is my understanding that the individual involved concentrated on food safety at the expense of occupational health and safety and had neglected to carry out risk assessments and in particular had not risk assessed the risks to young workers.
|
|
|
|
|
|
Rank: Guest
|
Posted By Ron Young
Hence my first posting of non-existent advice. My slant is not only whether you knew and didn't offer the advice but also what you should have known and didn't, subsequently failing in your duty. Good discussion
|
|
|
|
|
|
Rank: Guest
|
Posted By steven bentham
Vicky
Regardless of if you are appointed as a 'competent person' in anything. You have responsibilties and can be called into account for your actions.
All empployees can be prosecuted under the Health & Safety at Work Act and if you look on the HSE's web site you will see cases. But you will see many more employers on their site.
You cannot be prosecuted for corporate manslaughter.
You can like everybody be prosecuted for manslaughter if you negligently kill another person through your work. Manslaughter prosecutions have been around for longer than IOSH.
This is not new and you will see the thread on Doctors being prosecuted for manslaughter.
(This is a very rare prosecution, if you log not to the Isle of Man Newspaper site on line, they have a reported case of two care managers charged with manslaughter 2 or 3 years ago).
I would'nt be worried about being prosecuted for manslaugher, unless you have course just killed someone. I would put more effort into doing your job competently and making sure those around you do the same.
|
|
|
|
|
|
Rank: Guest
|
Posted By VickyE
Thank you for all advice, I think I have a much better idea of where I stand now. I am going to do the 1 week IOSH training in March which should further aid me in understanding my responsibilities and liabilities.
|
|
|
|
|
|
Rank: Guest
|
Posted By Jack
- - - Section 37 of HASWA would apply. - - -
Only if you were part of the 'directing mind'. S36 would be more likely.
|
|
|
|
|
|
Rank: Guest
|
|
|
|
|
|
|
You cannot post new topics in this forum.
You cannot reply to topics in this forum.
You cannot delete your posts in this forum.
You cannot edit your posts in this forum.
You cannot create polls in this forum.
You cannot vote in polls in this forum.