farrell wrote:
Don't we or are we not now expected to extend this to all employees. You only have to look at 'shutting the boot on owm finger' post recenctly to see that no-one has to take responsibility for thier own or anyone elses safety, if anything we should get rid of Section 7 Health and Safety at Work at, because this is always trumped by 'vicarious liability'
I dont think we should get rid of section 7, we'd only have the carrott then for employees and no stick. Besides, the judge may want to punish the individual as well as the employer. Also, correct me if Im wrong but, I think vicarious liability is civil law and the HASWA is criminal law due to the statute bar to claim damages die to a breach.
Fairly recent case
The Health and Safety Executive (HSE) is warning machine operators
to ensure that they adhere to safe working practices when using
excavators, following HSE’s prosecution of an excavator driver after a
pedestrian was killed in Maida Vale, Westminster, in February 2007.
Colin Clifford, 50, from Enfield, was today fined £2,500 and ordered to
pay costs of £1,250 at the Old Bailey, after pleading guilty to
breaching 7(a) of the Health and Safety at Work etc. Act 1974.
HSE investigating inspector Lisa Chappell said: "Construction
machinery is obviously dangerous, and can cause harm to both site
workers and members of the public. Plant operators must take
sufficient time and care when manoeuvering vehicles. This case
shows the worst case of what can go wrong when operators cut
corners."