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Zanshin67  
#1 Posted : 25 March 2010 17:16:44(UTC)
Rank: Forum user
Zanshin67

Hi all

Does anybody have access or could point me in the right direction to where any safety managers have been individualy prosecuted in the past?



Cheers
HSSnail  
#2 Posted : 25 March 2010 17:45:28(UTC)
Rank: Super forum user
HSSnail

David

Try this link

http://www.shponline.co....chive&article_id=976

This case is getting a little old now and it’s a section 33 not a section 36.

Or this link

http://www.shponline.co....hive&article_id=8507

which is a section 36 case but for a consultant not a safety manager.

Or you could look on the HSE data base
http://www.hse.gov.uk/Pr...491&y=17&SO=DACT

and look at the section 36 cases don’t know if any are safety managers.

Brian
Canopener  
#3 Posted : 25 March 2010 19:35:36(UTC)
Rank: Super forum user
Canopener

There have certainly been various prosecutions, not necessarily s36 of people in 'H&S positions' such as the Arbuckles one already alluded to. Try searching the HSE prosecutions database for HASAWA s 36 (if that really is your specific area of interest) or S7, S37, although I doubt any will provide enough detail to say whether they were an H&S manager, but you might try a google with the information you find.
martinw  
#4 Posted : 26 March 2010 08:17:33(UTC)
Rank: Super forum user
martinw

Found 2.

Safety manager fined £300.
Mr R Warne, Safety Manager of Travis Perkins Group fined £300 + £250 costs. Failed to answer written questions about procedures from a LA EHO. High Court overturned a previous decision by a District Judge regarding written questions and questioning in person.
Safety Management 2004 (Jan):25

Ex-health and safety manager found guilty.
Mr CI Helmrich fined £3,000 + £3,000 costs. (H&S manager of Fatty Arbuckles currently in receivership.) 17yr old died whilst floor scrubbing and coming into contact with an incorrectly wired plate warmer.
Safety & Health Practitioner 2003 21(5):6

But also, it depends what the manager's title is/was. It could be argued that in the Barrow in Furness Legionnaire's case, the Design Services Manager has some input into H&S but had a different job title. Just makes it trickier to track down.



safetyamateur  
#5 Posted : 26 March 2010 09:29:18(UTC)
Rank: Super forum user
safetyamateur

Fail to see how something as nebulous as a job title can be pivotal in these matters. Surely the job description is the key factor?
Canopener  
#6 Posted : 26 March 2010 10:32:12(UTC)
Rank: Super forum user
Canopener

safetyamateur wrote:
Fail to see how something as nebulous as a job title can be pivotal in these matters. Surely the job description is the key factor?


I have to agree with that as well. We have been here before with this and as we often see the job title bears little or no relation to what the duties of the job entails. JD is for me more 'key' to any possible proceedings

By the way safetyam - I love the word 'nebulous'
safetyamateur  
#7 Posted : 26 March 2010 10:36:30(UTC)
Rank: Super forum user
safetyamateur

'tis a wonderful word, Phil. Must find out what it means one day
martinw  
#8 Posted : 26 March 2010 11:07:02(UTC)
Rank: Super forum user
martinw

I agree folks, it is the JD that matters when it comes to responsibility. I was only alluding to the difficulty in finding cases due to how the job title is listed, not the responsibilities and accountabilities of the individuals involved.
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