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Posted By andrew morris No targets for prosecutions or notices. The only targets we have (out of the authorities I worked for) are for numbers of inspections and response times...
Prosecutions are bad for these stats as they take too long to write up!
I think it should also be clarified when people say "prosecution orientated" it does not mean that the authority sets targets for enf action. It is a relative comment comparing them to other authority who have traditionally not proscuted because they are either smaller, or lack the legal prowess in the solicitors department to take action. Some authorities are scared of looking like a bully even in the most obvious of blatant disregards for safety. This makes the other, more confident authorities look gung ho. Managers in these more confident authorities will generally guide less experiences colleagues like the 18yr olds in the right direction re prosecution.
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Posted By ElizabethL I think you summed it up better than anyone so far Ian.
Meet you up a crane Andrew???...I would mow you down in a JCB on your way across the building site towards the crane without a moments hesitation! ;-)
Seriously though, I am both impressed at your level of education and bemused as to why you would waste it on an L.A. You could earn more as a manager or consultant surely and you would only be hated half as much as you are now and considered only a part time Nazi.
Elizabeth
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Posted By David Thomas Reading through this lot I detect alot of indignation - which is what I feel.
If an individual is receiving a salary for doing a job then unless there are extenuating circumstances there shouldn't be anything else.
Long gone now are the days when civil servants and local government officers hid behind the "poor salary and working conditions" claim to back up their retiring at 50 on full pension. They are now the lead in salary and working conditions that many of us aspire to obtaining sometime in the future.
Humbug I say
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Posted By andrew morris 50 - I was never told that - I thought I could retire at 35 and sleep on my most comfortable bed of commendations and live a plentiful life with all the money I've received through prosecution related bonuses and bungs.... I hadn't realised that anyone had said that we were lowly paid - where does that come in to it???
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Posted By Sam Wade I don't normally respond to a thread like this, mainly because I'm not very good at articulating my argument, but here goes anyway ........
I believe that there is a perception amongst many health and safety people that Enforcement Officers (HSE, Local Authority, Environment Agency) have quite an easy job on the whole.
They don't have the day-to-day hassle of working within an organisation trying to persuade, force, encourage people to improve their performance.
They simply walk into an organisation and look for faults, or easier still wait for an accident to happen when the faults are more obvious. When asked for advice, their stock answer involves risk assessment.
Most of us could walk round our organisation today and pick faults - putting them right is surely the skill. The Enforcement Officer doesn't need to do that.
So when one of them gets a commendation for a successful prosecution, it simply strengthens the perception that they are only there to pick faults and prosecute - not to help or give advice, or prevent accidents.
It just strengthens that 'us and them' feeling.
This isn't necessarily my perception of course .......
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Posted By ElizabethL True, I don't suppose their pension scheme has a huge deficit orchestrated in the most part by the government.
Yes I did see the program on TV last night...and no I don't suppose this is a H&S topic, so am in danger of having thread closed...quick must think of something else to say about H&S....hmmm
Hey did you hear the one about the Englishman the Scotsman and the EHO....?
Elizabeth
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Posted By ElizabethL Ooops sorry, I was answering a thread from a half hour ago.
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Posted By Brian Hagyard Have read this thread with interest, as I did a thread in January. So inspectors HSE/LA should not get a commendation for a job well done, but everyone was congratulating Alan St John Holt for his inclusion in the news years honours list. Are we guilty of double standards? Well done to every Health and Profesional that makes the work place safer.
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Posted By ddraigice Elizabeth,
What I find astounding is the notion that someone should not receive a congratulations on a job well done (and lets be fair it is nothing but a pat on the back) why is everyone getting so angry about it? Are you that naive to think that a friendly word from a judge will make an inspector want to go out and fight more blue collar crime wherever he comes across it? No, he'll just carry on doing his job.
How can this in any way make him biased and non-impartial (is that a word?)
As a career criminal, I find it disgusting that a police officer should be commended for catching criminals. I mean, what next? Surely they'll be out there trying to catch more and more of us hard working non-working tea-leafs to just try and bump up their figures. For goodness sake don't tell them they are doing a good job. And while we're at it, lets stop their bosses telling them that they've done a good job too, it'll only make them want to catch more of us.
A few points to pick you up on. It is NOT:
"the HSE's opinion that the defendants risk assessments was in no way suitable or sufficient."
It is up to the courts to decide on how to interpret grey areas or whether a breach has been comitted. The system is totally impartial.
However, this case is not a grey area. Some areas may be grey but its not up to HSE to decide. HSE just decides whether the company did enough to comply with legislation, guidance or ACoP's.
Maybe you should be having a go at the court system and the judge in this case. Not the inspector who did a good job.
I for one would like to congratulate all those inspectors who do a good job - especially when they have to deal with narrow-minded people like us!
Will he get a reward in any way? No. Will his career benefit in any way? No.
What we should be talking about is how and why this company came to be in court in the first place and what we can do as H&S professionals to spread the word that they should have systems in place to control exposure to chemicals and other forseeable risks. Not getting bogged down in a totally pointless debate on whether someone should be told they had done a good job.
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Posted By ddraigice Sam,
Forgive me, but surely any good enforcement officer's job is to: "persuade, force, encourage people to improve their performance".
If its that easy to go round and spot faults, why arent you doing it? Maybe you should become an enforcement officer - then you'd be able to out your feet up.
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Posted By I McDonald "but everyone was congratulating Alan St John Holt for his inclusion in the news years honours list. Are we guilty of double standards?"
The inclusion in the New Years Honours list surely reflects a life's dedication to the Industry, etc.
Judges commendation - pat on the back for doing the job!
No double standards. Both examples are totally different.
Today I held a very successful Contractor meeting. Question. Where is my commendation? Answer. Only benefit is I did the job I am paid to do. Only reward. Pint after work (paid for by me).
Ian PS thank god it is Friday
Ian
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Posted By ElizabethL Angry dd..? Not me.
I admit that I have only been a contributor here for five minutes, but I was under the impression that this was a discussion forum about any issues relating to H&S for people with various different attitudes and opinions, not simply a support group for H&S professionals who obviously consider themselves holier than thou!
As far as being naive goes, the old boy network revolves around people giving themselves 'a slap on the back' as you put it and there is always someone else who suffers as a result of it.
Also you mention:
'It is up to the courts to decide on how to interpret grey areas or whether a breach has been committed. The system is totally impartial.'
Really is that why only small companies are successfully prosecuted in the large part?
and you go on to say:
'Will he get a reward in any way? No. Will his career benefit in any way? No.'
Really dd, who is being naive now?
Elizabeth
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Posted By I McDonald Any reward?
Surely the judges commendation may help in securing an increase in public speaker fees if the individual decides to change direction.
Ian PS I would try it if I had a Judges commendation (don't ask you don't get)
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Posted By ElizabethL I bet you a pound to a penny that he went straight home and updated his CV, even though it would in no way benefit his career.
Right dd?
Elizabeth
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Posted By ElizabethL Furthermore, I bet he whips it out at the slightest opportunity and plays with it. (His commendation that is!)
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Posted By ddraigice Liz,
How will it?
I know the inspector in question. There is no old boys network. I'm sure he'd be quite amused to hear this. In fact, if there is one, it exists between the solicitors and judges. I can assure you it doesnt exist here.
You've raised an interesting aside though - that of the perception of the inspector. Maybe we should close this argument off and open a new one on that.
There'll always be those of us who think in terms of conspiracy theories and may I say, this is a doozy, albeit a well written one;) The trouble with fantastic claims like this is that you need fantasdtic evidence to back it up, which you aint got.
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Posted By ddraigice Sorry Liz,
I typed this before you started to get naughty, you cheeky thing. I meant how will it benefit his career? Evidence please.
I also meant to say that the interesting aside is the perception of inspectors in general, not this one.
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Posted By ElizabethL dd
How old are you? If you don't mind me asking...?
Perhaps you could invite your friend to contribute to this thread?
Elizabeth
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Posted By ElizabethL At least then we would have a threesome, as I think most others have left for the weekend ;-)
Elizabeth
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Posted By ddraigice Is 33 too old or too young for you and is flirting allowed?
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Posted By ElizabethL Flirting? I am sure I have no idea what you mean old man.
Anyway, so about your friend from the article...will he be joining us?
Elizabeth
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Posted By ddraigice I would think that HSE would frown upon it.
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Posted By ElizabethL hmmmm... I am beginning to suspect you don't know him at all and that you were just trying to impress me. Tut tut, typical man!
Elizabeth
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Posted By ddraigice Ermm. Hmm. Another conspiracy theory. Typical woman.
OK, this could go on for a while. Lets stop it here!
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Posted By ElizabethL Agreed, I accept your apologise for telling porkies in an effort to make yourself look like an authority on the matter...
Hope your not an EHO seeking a commendation yourself!!!
Elizabeth
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Posted By ddraigice Grrr.
I'll let him know of the existence of this just to stop you nagging.
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Posted By IOSH Moderator I think the time has come to close this debate.
Thank you all for your contributions (lively at times), but it has now wandered way off topic.
This thread is now locked.
Regards Jane Blunt Forum Moderator
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