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#1 Posted : 28 August 2007 14:14:00(UTC)
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Posted By garyOrange
Folks

I am trying to identify evidence to support my case to managment that a volunteer should not be treated any differently from a full time employee in respect of their H&S responsibilities. I have HSG192 and the volunteer England stance which strongly recommends no difference but what I would like is some case law to show precedent.

I am also trying to get hold of a copy of the case summary for the St John prosecution as a result of a collision between two power boats being supervised by volunteers. I know that the case was heard at Snaresbrook on the 16/01 2003 but I cant find any reading matter.

Anyone help?

Gary
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#2 Posted : 28 August 2007 14:36:00(UTC)
Rank: Guest
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Posted By Michael Hayward
Would you like to e-mail me separately?
Cheers
Mick
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#3 Posted : 28 August 2007 16:14:00(UTC)
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Posted By Phil Grace
Gary,
You are obviously well on the way to providing evidence.. have you seen this:

http://www.hse.gov.uk/contact/faqs/charities.htm

What interests me is that H&S professionals firstly try to convince managers/directors about risk management.... that doesn't work so we are forced to resort to providing evidence of a legislative duty. And then again that doesn't always work, we are not believed and evidence is needed of an actual court case, of a prosecution....

In the words of the very old song "When will they ever learn?"
Phil
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#4 Posted : 28 August 2007 16:21:00(UTC)
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Posted By Phil Grace
Gary,
Apologies - should have said I can't help with specific request! What I meant to add is that irrespective of whether the "employer" is prosecuted following an occupational accident involving a volunteer there are other responsibilities.

The requirements of the Occupiers Liability Acts apply - and occupiers face being found liable for accident resulting from the condition of the premises.... simple stuff like slips and trips..!!!
Phil
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#5 Posted : 28 August 2007 16:58:00(UTC)
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Posted By Steve Cartwright
Try section 3 of the health and safety at work etc Act 1974
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