Rank: Forum user 
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Hi Does anyone have any case studies where individual's are jailed, preferably ones that are not very obvious. I have a H&S update soon and would like to use these an icebreaker.
Thx
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Rank: Super forum user 
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Some ice breaker...what do you do for an encore?
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Rank: Super forum user
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RayRapp wrote:Some ice breaker...what do you do for an encore?
:)
Blimey, I accept I do not know your circumstances or audience, but surely talking about being banged up as a 'warm up' will put the fear of God into your audience?
Seriously, do you do this to grab their attention. I am not saying you are wrong as everyone has their own style/format, but it's not how I structure a talk and wish to understand your rationale
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Rank: Super forum user 
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Can anyone point me to a single instance were someone has actually been imprisoned for a H&S offence?
The message would actually be is you can get away with murder quite easily so long as you kill or maim an employee in the course of your work.
Certainly stealing your employer's money is far more likely to result in a stay in prison.
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Rank: Super forum user
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Walker,
I put "HSE custodial sentence" into a well known search engine and the second hit in the list was this:
http://www.hse.gov.uk/press/2005/e05122.htm
People have been imprisoned following deaths at work. I'm still searching for custodial sentences for non-fatal accidents/incidents!
Phil
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Rank: Super forum user
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Rank: Super forum user 
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It doesn’t seem much of an ‘ice breaker’ to me. I have never been greatly in favour of bashing people over the head with the ‘threat’ of custodial sentences; they are clearly available but not something that is routinely used by the courts for whatever reason. I suggest that any presentation needs to be proportionate and realistic otherwise it lacks credibility.
You beat me to it Phil. This case is local to me and I am very familiar with the circumstances and am acquainted with the inspector that did the investigation. Pretty harrowing stuff!
Descarte, I could be wrong but it strikes that a custodial sentence wouldn’t be an option for CORPORATE manslaughter to which your links refer. i.e. I don’t think you can send a company to prison.
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Rank: Forum user
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How about this one, it's a suspended sentance and curfew, but demonstartes how workers can end up in the dock because of how they did a job and someone was seriously injured as a result and it's recent.
http://press.hse.gov.uk/...r-sustains-severe-burns/
Lisa
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Rank: Super forum user
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If it helps what I have done in the past is select a fatality incident from the past then apply modern safety legislation to it e.g. the use of Section 37 and even being interviewed under caution – if you choose the right historic incident you can introduce some fun into it also.
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Rank: Forum user 
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Rank: Super forum user 
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DP wrote:If it helps what I have done in the past is select a fatality incident from the past then apply modern safety legislation to it e.g. the use of Section 37 and even being interviewed under caution – if you choose the right historic incident you can introduce some fun into it also.
Have just made me laugh with the "select a fatality incident from the past" and the "introduce some fun into it" HA!
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Rank: Forum user
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Hi Interesting post
I have been looking at something along these lines as I believe that the health and safety culture (behavioural safety) within our workplace could do with a kick up the backside to put it bluntly. We have all the administrative legal side of health and safety in place however now it is trying to win over the " hearts and minds" of employees. I am coming from the HSAWA act section 7 (Duties of employees). Please see what i have drafted so far any comments would be appreciated
Gents/Ladies
Do you think that you are exempt from prosecution by the HSE and that the company and its directors will take the rap if a health and safety breach occurs?
Think Again !
The HSE have been actively prosecuting employees since 2009 under the health and safety at work act section 7 (Duties of Employees). See the link below
http://www.hse.gov.uk/pr...+%7C&y=12&SO=DHD
HSE Guidance on this section can be found at the link below
http://www.hse.gov.uk/en...dentifying-employees.htm
Although important for all employees to bear this in mind. For those of you with health and safety responsibilities attached to your job descriptions (surprisingly not everyone has) this is particularly important.
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Rank: Super forum user
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I can't but help thinking that if you have to resort to threatening staff with s7 offences then you have some serious problems or you have lost the plot. For a start, s7 is used sparingly by the HSE and only for the more serious breaches, normally when someone has been seriously hurt or worse.
If employees are breaching h&s law then they are also breaching the company policies and procedures. This can be dealt with through the organisation's disciplinary process taking into account the Just Culture model.
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Rank: Forum user
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RayRapp wrote:I can't but help thinking that if you have to resort to threatening staff with s7 offences then you have some serious problems or you have lost the plot. For a start, s7 is used sparingly by the HSE and only for the more serious breaches, normally when someone has been seriously hurt or worse.
If employees are breaching h&s law then they are also breaching the company policies and procedures. This can be dealt with through the organisation's disciplinary process taking into account the Just Culture model.
Hi Ray,
Thanks for your thoughts it was just something that I was thinking about and had not put into practice yet. The idea was just to remind staff that they are not exempt from HSE prosection and that they should be aware of what could happen to them. When my managers and supervisors deliberately ignore workers not working to company policies and procedures I feel that I have to try and do something to get them to take H+S seriously
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Rank: Super forum user
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Neil (I presume that's your name)
I am always loathe to stick h&s law in people's faces because I think it can do the opposite effect by turning them off. The big stick is for when all other avenues have been exhausted.
I don't know what your issues are or why you feel it necessary to go down the legislative route. However, if supervisors and managers are not taking matters seriously your best and perhaps only choice is to seek out a senior manager who will support you - easier said than done sometimes, granted. In the meantime look at engaging with your colleagues.
Periodical (ie monthly) team meetings are a good opportunity to raise issues, highlight incidents, new procedures, poor and good practice, etc. Use the meetings for some bonding by finding a funny subject (plenty on youtube), select an individual to do a short presentation...anything to engage your colleagues. Health and safety can be a dry subject but it can be sexed up a bit, show them your human side, but also let them know you mean business.
Let us know how you get and good luck.
Ray
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Rank: Forum user
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Come on guys..........All the poster is presumably trying to do is let his line management or leadership team know the roles and responsibilities they have as individuals under H&S law. It may be a bit sobering, but the fact of the matter is far too few senior managers believe or really understand their duties as a managers or directors within an organisation.
It doesnt hurt to remind them every so often and can be done in a fairly constructive and openly condusive environment. It doesnt always have to be aple pie and sweetness ;-)
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Rank: Super forum user
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Threaten most workers with bringing-in the law and co-operation is not what you will get.
Sullen foot-dragging is the best you can expect.
I noted, many years ago (as in MANY), the most effective poster, about workplace health, was one that warned that not washing oil/grease off your hands before using the toilet may lead to cancer of the scrotum. Use of soap increased dramatically after the poster was put up. Funnily enough, another about Benzene had little effect?
Hmmm.
A few books about how things are not so rosy in the industrial ill-health world may not go amiss either.
Remind them that things like ¨bad backs¨ caused by poor lifting technique are not easily healed.
And NHS operations for things like herniated discs have dropped off a cliff...with fewer and fewer operations each year...although they can get them for eight grand private (funnily enough, at the same NHS hospital where they don´t do them free anymore)
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Rank: Forum user
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Ray, Bill and John,
Very many thanks for your constructive comments, that is what these forums are about offering advice and looking at the bigger picture. I was in two minds whether to go ahead with it or not as you rightly said John I could end up with sullen foot dragging with guys pulling out the health and safety card at every opportunity which would obviously prove to be counter-productive. I have therefore decided to wait until our next HSE commitee meeting where I can broach the subject of improving our health and safety culture with senior management.
Have a Happy and Safe New Year
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Rank: Super forum user
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dneil180365@aol.com wrote:Ray, Bill and John,
Very many thanks for your constructive comments, that is what these forums are about offering advice and looking at the bigger picture. I was in two minds whether to go ahead with it or not as you rightly said John I could end up with sullen foot dragging with guys pulling out the health and safety card at every opportunity which would obviously prove to be counter-productive. I have therefore decided to wait until our next HSE commitee meeting where I can broach the subject of improving our health and safety culture with senior management.
Have a Happy and Safe New Year
could I suggest you change your user name?
The current one is going to give the SPAM BOTs a field day with your inbox
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Rank: Forum user
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Hi Walker
Already in hand just waiting for the webteam at IOSH to square it away for me as you cannot do it yourself i believe
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Rank: Super forum user
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Rank: Forum user
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The MCA make the HSE look positively tame !
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Rank: Forum user
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Hi Thanks for all the great responses here, for some reason I wasn't informed of them until now. Just to give you some context the forum is a legal update for senior managers and health and safety professionals. I am trying to highlight that sometimes its not the obvious person who gets convicted, when I was interviewed under caution many years ago as the health and safety legal "expert" of the company it was assumed by some Managers that my role was to take the hit for the Company which intrigued me somewhat :). As it happened the company was not prosecuted for the dangerous occurrence as it was deemed to be mainly caused by the employee ignoring procedures, but anyway I digress, thanks again most useful.
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Rank: Forum user
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Rank: Forum user
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Rank: Forum user
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