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#1 Posted : 23 February 2006 20:20:00(UTC)
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Posted By Simon Carrier I am trying to ascertain if a Company with third party certified HS&E systems would recieve a lesser fine than a company who did not have such systems in place. To expand if a company had ISO14001 and had a major spill, generally, could they expect a lesser fine than a company who did not have ISO14001. Would it be reasonable to assume that a lesser fine would be imposed? I would be obliged if someone could let me know if such information is available and where I might find it. If someone has any personal experiences of this that would be useful also.
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#2 Posted : 24 February 2006 08:37:00(UTC)
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Posted By steven bentham Simon Certified (safety) systems would be considered as part of the mitigation considerations. I would be looking at how much actual effort was put into to preventing an accident, not necessarily the paperwork. I would argue if the paperwork was that good why did the accident happen? In other words you will still be in breach of your duties. Doing nothing is not a good strategy. To some extent levels of fines are set by a judgement referred to in previous cases referring to levels of fines. This takes account the size of company.
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#3 Posted : 24 February 2006 17:05:00(UTC)
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Posted By Ian Waldram Why are you thinking only about what might go wrong, rather than expecting that a certified MS will help you to get more things right - and thereby bring bottom line benefits, including a reduced likelihood of a prosecution and fine - regardless of its size? Any system worth its salt is based on a continual improvement model - see the IOSH guide on 'Systems in Focus', downloadable from the technical webpage.
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