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firesafety101  
#1 Posted : 19 October 2011 21:46:17(UTC)
Rank: Super forum user
firesafety101

We all know footballers can tackle and cause injury to other players without falling foul (pun intended) of the law, but what about The Equality Act when a player verbally abuses a player of a different race?

If that happened in a workplace the abused could complain and that could lead to punishment.

Should the HSE be involved in an investigation as well as the FA if it is thought to be a breach of H&S legislation, as in the recent mining accident for example where a manager hs been charged with H&S offences ?


Ron Hunter  
#2 Posted : 20 October 2011 00:12:43(UTC)
Rank: Super forum user
Ron Hunter

Not immune.

e.g. http://www.heraldscotlan...e-violent-past-1.1088484

HSE involvment? I can't see how.
m  
#3 Posted : 20 October 2011 07:54:47(UTC)
Rank: Super forum user
m

ron hunter wrote:
...HSE involvment? I can't see how.


HSW Act Section 7:

General duties of employees at work.E+W+S+N.I..It shall be the duty of every employee while at work—
(a)to take reasonable care for the health and safety of himself and of other persons who may be affected by his acts or omissions at work; and.
(b)as regards any duty or requirement imposed on his employer or any other person by or under any of the relevant statutory provisions, to co-operate with him so far as is necessary to enable that duty or requirement to be performed or complied with

Can't the HSE picking this up though, the police are more likely to weigh in on an assualt charge.
Clairel  
#4 Posted : 20 October 2011 10:54:32(UTC)
Rank: Super forum user
Clairel

Chris, don't you feel the HSE have enough to do without telling off overpaid, badly behaved footballers?
HSSnail  
#5 Posted : 20 October 2011 11:18:07(UTC)
Rank: Super forum user
HSSnail

Clairel
I think you mean don't you feel the LA have enough to do without telling off overpaid, badly behaved footballers?
A Kurdziel  
#6 Posted : 20 October 2011 11:19:50(UTC)
Rank: Super forum user
A Kurdziel

HSWA applies definatly
Can the HSE be bothered? Best ask them
HSSnail  
#7 Posted : 20 October 2011 11:30:14(UTC)
Rank: Super forum user
HSSnail

HSE would be ultra vireos- beyond their powers (hope spell check can cope with that) La's enforce at these type of activities.

Brian
redken  
#8 Posted : 20 October 2011 11:57:55(UTC)
Rank: Super forum user
redken

Answer We all know footballers can tackle and cause injury to other players without falling foul (pun intended) of the law

Queston Should the HSE be involved in an investigation as well as the FA if it is thought to be a breach of H&S legislation?


Chris you answered your own question before you asked it!
HSSnail  
#9 Posted : 20 October 2011 12:28:59(UTC)
Rank: Super forum user
HSSnail

Having been involved in H&S in sporting activities, it has always been explained to me that H&S law applies in certain instances. RIDDOR for once gives us good guidance. If you look at paragraph 12 of the guidance on regulation 2 INTERPRITATION it gives a clear indication of when an injury would be reportable. This specifically excludes some acts of violence between professional sports persons, and major injuries as a result of heavy physical contact during the normal course of rugby or football. From this I would assume that if a footballer has a leg broken during a bad tackle it would not be RIDDOR and the LA would not consider it a breach of H&S. The football association has rules to try and prevent this from happening so what more can it reasonably practicable to do. However if the goal posts collapsed and broke someone's leg than that would fall under the remit of LA enforcement.

As to the original question about verbal raciest abuse - I am not sure how that fits with H&S personally I would treat that as an HR issue.
Clairel  
#10 Posted : 20 October 2011 12:32:42(UTC)
Rank: Super forum user
Clairel

Brian Hagyard wrote:
Clairel
I think you mean don't you feel the LA have enough to do without telling off overpaid, badly behaved footballers?


Yes, well spotted. I was guilty as charged!

firesafety101  
#11 Posted : 20 October 2011 14:28:34(UTC)
Rank: Super forum user
firesafety101

I was thinking about the current allegation re Man Utd player and Liverpool player?
HSSnail  
#12 Posted : 20 October 2011 14:44:12(UTC)
Rank: Super forum user
HSSnail

Yes I realise that Chris - see my last sentence. If I have read the news story correctly that I think you are referring to I don't see why the LA should be involved with the FA as I see it as a HR problem not a H&S problem?
Bob Shillabeer  
#13 Posted : 20 October 2011 15:59:07(UTC)
Rank: Super forum user
Bob Shillabeer

Chris, I beg to differ on your view that the mine boss is charged under H&S law, he is not the Corporate Killing law is not strictly a piece of H&S law. As an inmdividual outside employement if you for instance cause a road accident you could be charged under that particular legislation if it is felt that it is best at the time. The case of a footballer is adequately covered by this same legislation should a fatality arise, but, as most injuries in football and not life threatening they are best delt with internally to football, and is more often much quicker in being dealt with anyway. Volenti non fit injuria also applies as no one is forced to play football.
barnaby  
#14 Posted : 20 October 2011 16:51:39(UTC)
Rank: Guest
Guest

bob shillabeer wrote:


- - - I beg to differ on your view that the mine boss is charged under H&S law, he is not the Corporate Killing law is not strictly a piece of H&S law.


Has he actually been charged? News reports I've seen say 'arrested on suspicion of gross negligence', (and now on police bail). Note 'gross negligence' not 'Corporate Killing law'.
Bob Shillabeer  
#15 Posted : 20 October 2011 20:05:07(UTC)
Rank: Super forum user
Bob Shillabeer

barnaby, (A name like that you should know the law! Only Joking remember inspector barnaby, sorry a bit rude really) The fact of the matter is he has been arrested and is currently on police bail. The fact he has been arrested does not however mean he has been charged. The case so far is one of neglegence manslaughter and it will be put before a magestrate to decide if there is a case to answer or be referred to a crown court. You are quite right it is not corporate killing as that is a charge against the company or the head thereof, gross negligence manslaughter as the proper term is used is a charge against an indivdual. My point was really GNM and CK are not specifically H&S legislation more of criminal law in the main stream of the law as these charges only follow someones death so is on a higher plain.
barnaby  
#16 Posted : 21 October 2011 10:21:05(UTC)
Rank: Guest
Guest

bob shillabeer wrote:
barnaby, (A name like that you should know the law!


Oh, I'm fairly well up on it, dear boy!


bob shillabeer wrote:

The fact of the matter is he has been arrested and is currently on police bail. The fact he has been arrested does not however mean he has been charged.


That was the point I was making

bob shillabeer wrote:

You are quite right it is not corporate killing as that is a charge against the company or the head thereof, gross negligence manslaughter as the proper term is used is a charge against an indivdual.


Thank you, I'll go to the top of the class

bob shillabeer wrote:

My point was really GNM and CK are not specifically H&S legislation more of criminal law in the main stream of the law as these charges only follow someones death so is on a higher plain.


I was was aware of that, but when commenting on a current case I feel accuracy is important, even when it borders on pedantry.
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