Posted By MICK MEAD, CMIOSH Anyone got any examples of where a supervisor or manager was prosecuted for h&s breaches? I'm epecially keen to know about an that took place in relation to an office environment. Regards, Mick

Posted By Diane Thomason Mick, Again, haven't heard of an office one but here's one involving a foreman in case it's of use to you. HSWA Section 7(a) prosecution of site foreman Mr John Cullen, a site foreman employed by O’Rourke Civil and Structural Engineering Limited, has been fined £1,500 with HSE costs of £1,380 after he pleaded guilty at the City of London Magistrates’ Court on Wednesday 25th June, to a breach of Section 7(a) of the Health and Safety at Work etc Act 1974. Mr Cullen's prosecution related to an accident at the new Sutton Police Station project in Surrey on 12th November 2001, his employers were the project Principal Contractors. Unsafe system of work Mr Cullen was given the task of establishing the site, which included the erection of a site hoarding around the perimeter. Several large advertising billboards were in place around the site, and had to be removed to accommodate the hoarding. The client had agreed to remove the billboards, but there were several delays in this being carried out. The foreman had already arranged for some of the advertising billboards to be removed by having them lifted into the site with an excavator and a lifting sling. However, the Project Manager told him to stop, as arrangements were made for the client to remove the billboards, and it was not part of the O’Rourke method statement. On Monday 12th November 2001 Mr Ron Given began work on the site as a joiner, employed to help make sections of the site hoarding. That afternoon it was decided to remove a large advertising billboard. This required access at height, to remove the frame of the billboard. Under the supervision of Mr Cullen an excavator assisted them. The bucket was turned around on the machine, and Mr Given climbed into the bucket to be lifted to the top of the billboard, a height of approximately five metres. The bucket fell from the machine tippingout Mr Given who fell to the ground with the excavator bucket falling onto his legs. Unable to work again Mr Given sustained two badly fractured legs and it is unlikely that he will be able to work again, he can still only walk a short distance with the aid of sticks. HSE investigation revealed that the safety pin had not been inserted in the quick-hitch, and that the warning buzzer on the quick-hitch switch was not working. Nevertheless, Mr Given would not have been injured if Mr Cullen had intervened to prevent this highly unsafe system of work.

Posted By peter gotch 1 Hi Mick. This has been discussed before though not in relation to office settings. See http://www.iosh.co.uk/in...view&forum=1&thread=7552 Not sure the HSE link will still work, not least as the "name and shame" site has collapsed somewhat. You might also find something in the HSE LAU pages, which give information about LA enforcement. Regards, Peter