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#1 Posted : 25 November 2007 17:10:00(UTC)
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Posted By IAN ROUTH
Has anyone ever come accross a situation where a company representative was interviewed under caution as a result of a workplace injury & that the injured party was also interviewed under caution as the inspector may suspect that his/her involvement was the cause of the incident?
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#2 Posted : 25 November 2007 18:09:00(UTC)
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Posted By Bruce Sutherland
Hi Ian

Yes - I have done it. You need to remember that there is a need to caution if there is suspicion of an offence by an individual - otherwise if a statement is taken using s20 HSW powers then any evidence gathered would be inadmissible against the individual.

what is going on out there at present? all these threads seem to be getting very heavy - Noami has inspectors up to no good with PN's and you have a double header PACE taping session?

Bring back Merv and the Merlot

Regards

Bruce
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#3 Posted : 26 November 2007 09:58:00(UTC)
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Posted By IAN ROUTH
To Bruce,many thanks for your response. I am aware of the need for the caution. I was looking for an actual instance of the I.P. being cautoned.
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#4 Posted : 27 November 2007 11:49:00(UTC)
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Posted By Steven John Bateson
I'm aware of a case about 5yrs ago where HSE FOD, Norwich prosecuted an injured person (IP), his mate and their employer. The IP's mate drove the forks of a lift truck through his legs while they were working on the night shift. Investigations showed that they'd been jousting with two FLTs and had done so regularly while working the night shift. The two individuals were interviewed under PACE then successfully prosecuted against HSWA s7, while the company was PACE interviewed then successfully prosecuted against HSWA s 2(1). The two individuals were fined for exposing each other to risk and the company was fined for failure to provide adequate supervision on the night shift, thereby exposing their employees to risk (each others stupidity!)

Regards,
Steve
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#5 Posted : 01 December 2007 16:21:00(UTC)
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Posted By IAN ROUTH
Many thanks for your assistance. Ian Routh
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#6 Posted : 03 December 2007 10:19:00(UTC)
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Posted By M&S
There will be that few HSE inspectors in the coming years, it may be police that are interviewing you instead.

Will the HSE still be around in 5 years? Sorry, am I starting a new thread?
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