Rank: New forum user 
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I wonder if anyone can tell me if there has been any studies carried out to ascertain the number of safety professional who have been prosected as opposed to the number of company directors /managers. My reason for asking the question is that it seems that the main motivation in some cases for company compliance is the fear that the directors of the company may be prosecuted,however the exposure to prosecution for safety professionals must be much higher as we would be involved in making more recommendations etc than probably anyone else.
Can anyone assist me?
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Rank: Super forum user 
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quote=McNally17439]I wonder if anyone can tell me if there has been any studies carried out to ascertain the number of safety professional who have been prosecuted as opposed to the number of company directors /managers. How could that possibly be? When the situation gets really sticky, out comes that familiar mantra "We're only here to advise!"
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Rank: Super forum user 
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There have been only a handful of prosecutions of h&s professionals. The duty falls on the employer, only when it can be clearly established that the responsible h&s person failed to carry out their duty will the HSE/LA prosecute. Individual prosecutions are also quite rare, again this is mainly because the organisation are the duty holder and cannot absolve their responsibilities by blaming their own staff. Indeed, the organisation are obliged to ensure their staff are competent for the tasks they are set.
Familiar mantra it may be, but if the h&s person's advice is not heeded then it is not they who will be hauled up before the Beak - simples.
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Rank: Forum user
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Rank: Super forum user 
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Rank: Super forum user 
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I seem to remember that there was one a while ago now in that the H&S Manager of the restaurant chain Fatty Arbuckles, was successfully prosecuted by Lincoln City Council for a breach of Section 7 of the Health and Safety at Work Act in the circumstances of the death of a restaurant employee, who was electrocuted at a restaurant in Lincoln. The employee who was employed as a kitchen assistant, was electrocuted as he moved a defective plate warmer.
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Rank: Super forum user
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Rank: New forum user
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Thanks for the feedback.Thereason for my question is that I am finding that some companies are nowtending to promote or transfer employees into H&S roles where the person may be good at their original job but do not have the necessary qualification or experience to fulfil the H&S role. I recently saw a company looking for a person to fulfil a senior H&S role where no H&S experince was required. I appreciate that in these times, jobs are becoming scarce but I do think that individuals need to understand the full implications of the H&S role before they take up the position. I just wondered if there was any information available to show that this is or is not a concern.
Again thamks for the comments.
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Rank: Super forum user
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Rank: Super forum user
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