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Posted By Andy Wignall
I recently read somewhere that a safety adviser was charged for a death of either an employee of the company or visiter to the site. I dont know weather it was in this county (UK) or a foreign one.
I may have read this wrong im not so sure. But even so, what instances would a safety adviser actually be charged for something?
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Posted By Matt Wardman
Probably when the death was a direct consequence of their negligence.
I'm not sure when it would be their negligence or that of the senior management.
Matt
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Posted By Andy Wignall
But how would the prosecuter prove the neglagence? I would have thought that because its the employers responsibility the employer would be charged. How would a safety adviser be charged for neglagence?
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Posted By Andy Wignall
Thanks for that post Richie. Its scary stuff knowing that safety advisers do get charged, especially when there the educated person on the matter at hand. I suppose the morale of this story is that you make sure risk assessments are done correctly
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Posted By Raymond Rapp
Andy
A safety adviser is subject to any criminal or civil liability just like any other employee or employer. As a rule a safety advisor would be charged under s33 of HSWA. However, a charge is only likely if the safety advisor was criminally negligent. For example, they provided advice that they were not competent to give.
Everyone mistakes including safety advisers but there is a big difference of a genuine oversight and being grossly negligent. Don't have nightmares.
Regards
Ray
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Posted By Andy Wignall
I would have thought that for the safety adviser to be hired, he would have the relevant qualifications to make himself a "competent" person. Although, what would happen if an adviser came across a situation where he knows nothing about. Example an adviser who works in manufacturing is asked to give advice on swimming pools which he knows nothing about. I would presume that he would refuse to give the advise?
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Posted By Pete48
Andy, part of being competent means knowing when you are not and when you need to seek further guidance. Of course any competent saefty person would seek advice in such circumstances, indeed you ofetn see just such initial requests on this forum
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Posted By Steve Cartwright
I think it was in Dubai. A few people got killed on a construction site, don't remember the exact details.
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Posted By ken mosley
Andy,
Richie is right, sounds like Fatty Arbuckles in Lincoln to me. At the time it kicked up a bit of a stink. The company went bust, the directors evaporated and the H&S safety manager was left in the firing line.
Ian Helmrich was convicted under sects. 7a & 33 of HSWA. Look in the SHP archives for the article with more details,about the end of 2004.
Having heard a presentation by the prosecuting EHO, Sara Boothright, not long after, I would advise all safety practitioners to look at their job specs.
Ken
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