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Posted By Malcolm Hogarth
An employer (family owned construction business)has reported a Dangerous Occurrence under RIDDOR (Dumper Truck overturned.) There was a slight injury but this did not come under RIDDOR as the IP was back at work within three days.
The employer has two previous convictions under Health and safety at work legislation and has had a letter from HSE asking for more information on this incident and as a result is worried about the potential outcome. I know we cannot second guess what action the enforcement authority may take but can anybody share their experiences,if any,of prosecutions for Dangerous Occurrences ?
I have tried looking at the prosecutions database but there is either nothing there or I am searching in the wrong place.
(I think the employer is a little bit peeved that if he had not reported the incident nobody would be any the wiser).
Malcolm
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Posted By Dave Wilson
You sholud include a factual account of what happened and what you have learned from it, more importantly what you intend to do to ensure it doesn't happen again.
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Posted By Malcolm Hogarth
Thanks David, they have done all that in response to the letter.
The concern is about potential enforcement action.
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Posted By garyh
I can't comment on this specific type of incident however in my experience the Inspector will want to know if the incident has been properly investigated, root causes addressed etc; are there proper SSOW and RAs in place etc.
Top and bottom is, if they have confidence in the way this is being managed, they will most likely agree verbally what you will do next, then write to you to confirm. Enforcement, Prohibition and Prosecution tend to be after they have tried the above approach and not seen progress, unless a serious injury has occurred or there is potential and you are not doing enough.
In essence, if you are honest and are making a conscientious effort, they will most likely be sensible. So don't worry!
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Posted By RP
Enforcement Action.
Should the HSE wish to further investigate the incident/accident they will do so after you have supplied the information they requested.
The fact that they have responded in a letter may indicate that provided you can demonstrate that all reasonable precautions had been taken they may not go any further.
Should they investigate, then they will take what ever action is appropriate. This is dependant on the investigation and the evidence gathered.
Questions to ask:
1. What has the company done to comply with the Management Regulations (Risk Assessment, etc)?
2. What training, information and instruction has been given?
3. Was the work being carried out by a competent person and adequately supervised?
4. As a result of the incident, what further action has been done to prevent a reoccurance?
There are many more questions but these are the main ones.
Action would be:
Improvement notice.
Prohibition notice.
Prosecution.
or Nothing, because they are reasonable satisfied that the employer has made an effort in the interest of heath and safety.
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Posted By Robert K Lewis
Malcolm
E-mail me and I can give you a case back in the early 2000s involving a fall of a pallett truck from a forklift. It is not unusual for a prosecution to occur.
The responses you make to the HSE need to be carefully measured. I have seen a number rush into a full statement of defects in their systems only to find it used as evidence in any prosecution. Near Misses and DOs in themselves do not preclude prosecution.
Bob
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Posted By Dave Wilson
Malcolm,
You can only do what has been asked, in response to a few RIDDOR Reportables we have had we are usually asked to explain more than you put on the 2508, I think that this will be OK, If the HSE/LA are concerned that this would lead to a prosecution / or an injury to employees, they would almost certainly have arranged a visit by now.
Suck it and see mate is all I can say, the problem is if it was not reported and something happened the resulting investigation would have revealed this anyway and you would most certainly be prosecuted.
If the HSE/LA were after prosecuting after evry 2508 was registered rhen they would be spending all their time in court just chasing these. Don't worry matey!
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Posted By DJ
Malcolm,
If you care to contact me direct (07765 405235) I will talk you though the likely scenarios based on my experience.
Regards.
DJ
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Posted By John Donaldson
HSE do have an enforcement Policy and Protocol which they should follow.
May be worth reading through it. That may give you an indication as to the possibility of action being taken.
You can find it at
http://www.hse.gov.uk/enforce/index.htm
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Posted By Robert K Lewis
Malcolm
I am back in my office today if you ring me on 07860 523935 and we can talk.
Bob
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Posted By ITK
Enforcement Authorities have to follow the enforcement management model, its complex but you could try to follow it yourself in order to work out what the inspector will be looking for.
http://www.hse.gov.uk/enforce/emm.pdf
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