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Admin		#1 Posted : 13 July 2009 09:17:00(UTC)
Rank: Guest		Posted By Mike Foulds Does anyone have any examples of where employees rather than employers have been prosecuted following breaches in safety. I am putting a presentation together about safety observation and want to make some points about employee responsibility. The employers can do everything to keep the staff safe but if the employee is hell bent on cutting corners they have personal responsibility. Thanks Mike
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Admin		#2 Posted : 13 July 2009 09:19:00(UTC)
Rank: Guest		Posted By Bob Y Mike best thing to do is to look at the HSE website at their prosecutions database and search for HASAWA section 7, 8 (doubt there will be many of those) and section 36 and 37 offences. Phil
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Admin		#3 Posted : 13 July 2009 09:32:00(UTC)
Rank: Guest		Posted By martinw Mike there is a previous thread to this a few months back. Have a look at http://www.iosh.co.uk/in...=1&thread=44975&page=561 which will save you some time Martin
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Admin		#4 Posted : 13 July 2009 09:40:00(UTC)
Rank: Guest		Posted By Mike Foulds Thanks guys, looked at the HSE website previously it was a needle in a hay stack. Good tip on the previous thread. Mike
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Admin		#5 Posted : 13 July 2009 09:41:00(UTC)
Rank: Guest		Posted By Bob Y Mike It shouldn't be too 'needle/haystack' you can use the search to 'drill down' by act/section etc Phil
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Admin		#6 Posted : 13 July 2009 09:45:00(UTC)
Rank: Guest		Posted By Luke. Mike, I had a meeting with the H&S Director at Skanska a few weeks ago and we discussed the death in December in East London.. The machine operator (employee) is currently on bail and awaiting his due date (manslaughter) Google "Skanska Death Decemeber" you will find loads..
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Admin		#7 Posted : 13 July 2009 09:53:00(UTC)
Rank: Guest		Posted By Raymond Rapp Mike There are several sources such as the HSE website and CCA. However, finding individual cases might be more difficult. S37 offences are normally directors and senior managers of a company and not lowly employees. Ray
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Admin		#8 Posted : 14 July 2009 10:01:00(UTC)
Rank: Guest		Posted By EC I have found this site to be particulary good. http://www.corporateacco...ses/other/conviction.htm
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Admin		#9 Posted : 14 July 2009 10:49:00(UTC)
Rank: Guest		Posted By martinw Mike see the new SHP where there is a rail prosecution under S7. Martin
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Admin		#10 Posted : 14 July 2009 13:57:00(UTC)
Rank: Guest		Posted By Mike Foulds Thanks everyone, I have got some good stuff now, the HSE website once you get the hang of the search facility has proven to be useful. I am trying to show my staff that they are responsible and that they too can be in the dock over safety matters....its not all down to the employer. Mike
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Admin		#11 Posted : 14 July 2009 19:12:00(UTC)
Rank: Guest		Posted By Phil Rose Mike - employees can for sure end up in the dock, and I think that over the more recent past the enforcing authorities have increasingly looked towards prosecuting 'operational' managers and other more 'lowly' employees where their actions or inactions have lead to breaches, injuries etc.
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