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Posted By David Griffiths2
If a company had done some quite comprehensive JSA's and a number of them had highlighted some major hazards/risks that have not been assessed/noticed previously.
however nothing was done to reduce the risks to a an acceptable level, (even though the company is very profitable).
Some months later a major accident occures caused by one of the major hazards in the risk assessment.
would the company be liable to prosecution, fines etc?
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Posted By TonyB
Hi David,
Simple answer - yes! There is only one thing worse than not spotting an obvious risk and that's spotting the risk and doing nothing about it!
Given the scenario above, expect prosecution (High risk, major accident, prior knowledge)
Tony
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Posted By ITK
I assume when you say JSA you actually mean risk assessment.
Failure to act upon findings of risk assessment is a contravention of regulation 4 of the management of health and safety at work regulations 1999.
ITK.
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Posted By Boh
JSA was a term they use in GE (General Electric) for Risk Assessment, presume its further afield
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Posted By Raymond Rapp
Yes, a breach of s2 or s3 of HSWA will render the company liable for prosecution. Even if a risk assessment had NOT identified a potential high risk, the company could still be liable.
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Posted By David Bannister
Job Safety Analysis (JSA) is an American process that is similar to our understanding of risk assessment and is widely used by US multinationals in UK and globally. It is however not equal to RAs but is intended to produce the same result: avoiding harm.
A good JSA should produce the same result as a good RA and both should identify additional controls if necessary.
Failure to implement these would, I believe, be looked on by the Courts in a very poor light and would most certainly influence their decision making in sentencing.
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