Rank: Forum user 
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Further to the SHP magazine information on pg 16, is it advisable to ask companys prior to them coming onto your site to work, if they have any PENDING prosecutions?
Presently the information below is included in my approved contractors questionnaire, but keeping in mind Schindler's lift accident happened in 2007 but they were fined for a lift engineer being crushed to death in 2012, should there be a way to prempt approval of a contractor and help to make a proper decision on pending presecutions?
ENFORCEMENT NOTICES OR PROSECUTIONS
14. Please give details of any improvement / prohibition notices issued, or prosecutions
against your company or sub-contractors to your company, by the enforcing authorities.
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Rank: Super forum user 
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What would you do with the information provided on the basis of a 'yes' answer?
Does prosecution or formal notice indicate a bad company, or one that voluntarily or forcibly had to become better?
Better to enquire and scrtunise what the contractor did in reaction to enforcement action. Unlikely, and probably unfair to expect that the contractor would be so free with information about a pending prosecution though.
What if they are found innocent?
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Rank: Super forum user
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Roland - take note what Ron is advising - many company's who have had historic enforcement activity against them go on to make vast improvements in their arrangements - some unfortunately don’t.
Look in detail if answered yes.
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Rank: Forum user
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Posted: 15 May 2012 21:00:40
What would you do with the information provided on the basis of a 'yes' answer?
Does prosecution or formal notice indicate a bad company, or one that voluntarily or forcibly had to become better?
Better to enquire and scrtunise what the contractor did in reaction to enforcement action. Unlikely, and probably unfair to expect that the contractor would be so free with information about a pending prosecution though.
What if they are found innocent?
Excellent point i will take it under advisement.
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Rank: Super forum user
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Personally I think that these H&S questionnaires are a bit lazy. As Ron points out the information gathered can be interpreted in various ways. It even worse when the questionnaires are used inappropriately when for example a questionnaire designed for the construction industry or power stations is being use in connection with a bid for a scientific survey. I’d rather the client’s H&S professional phoned up and had a chat add talked to us about what we do, rather than trying to work out how to “Describe your Health and Safety management system” in one sentence or having to explain why we had four RIDDOR reportable incidents last year (Size of the organisation, sort of work we are doing etc)
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Rank: Super forum user
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In the public sector, we are very wary of what we ask, why we're asking, what decision we make, and the potential for challenge from an unsuccesful bidder. Beware of disqualifying purely on the basis of having been served a Notice or two. (There but for the Grace of God.....)
There is a potential 'lazy' element too. The HSE's enforcement pages are in the public domain and any client can check there?
Note too (this from experience) that the very large multi-divisional organisations out there may actually be unaware that a Notice has been served on another division!
Further irony of course when many of the Client Organisations also have prosecution or Notice history!!!
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Rank: Super forum user 
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Further to the good advice already provided, the size of the organisation and the degree of risk their activities pose should be taken into account. Asking an organisation whether they have any 'pending' prosecutions is likely to encourage a negative response - they may not genuinely know. I hope there are also more meaningful questions you ask a prospective contractor to assess their competence?
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Rank: Forum user
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I currently use appendix 4 of cdm as a starting point and from there ask additional question and where required request additional evidence, however remember that it is based around risk and your personal opinion as you are the best person to judge their competence as you know what they need to do for you
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Rank: Super forum user
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Upon further consideration I think the better question is - whether there is any enforcement action pending? This may or may not result in a prosecution in the future.
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