Hi

I am trying to find a concise list of prosecutions of Senior Managers or more importantly Directors who have been subject to breaches of H and S. I am looking to implement a serious cultural change in the company and the MD is 'struggling' to see his responsibility as and when I highlight legal obligations.

It is a manufacturing organisation with high profile partners and customers.

I have recently moved from oil and gas (for obvious reasons) where H and S was given a high priority so I am finding it strange to receive opposition to what I would see as obvious, basic H and S requirements. In effect I want him to have tangible evidence of what could happen to him on a personal level if he doesn't listen to me.

I have given presentations looking at the 'Iceberg Effect' and S2 of HASWA 74 with a response of 'we have had no incidents for a long time so we are doing well and we do not need resources allocated to H and S'( this is despite good indications of imminent incident/accidents).....its now becoming frustrating to say the least so I an now moving to pure scare tactics (if that's the professional term to use)

Any pointers would be appreciated.

Hi,

Have a look at the database of prosecutions for breaches, use the 'advanced tab' Management breaches in this search http://www.hse.gov.uk/pr...2C+%7C&x=30&y=10 that I did in about 10 minutes - lots and expensive.

Hope it helps!

Unfortunately not a 'concise list', but if you go onto SHP Online and type 'section 37 prosecutions' into the search box you will get a raft of information up.

It takes a bit of filtering, but there's some useful information in there.

Apologies, i forgot the link.

http://press.hse.gov.uk/release-type/press/

Here is some interesting info, a solicitor requested stats on Director prosecutions under the freedom of information act.

Although this is just stats rather than individual cases, you mind find the table useful. Click where it says download table 2.

https://www.whatdotheykn...ics_about_prosecution_of

Holborn,

Why not mention R v Mobile Sweepers (Reading) Ltd. in which the company was fined the value of its entire assets as was its managing director (£191,000). The director was given 12 months to realise his assets including selling his home and car.

If that does not scare him nothing will.

Regards.

DJ

I agree with Bob Youel on this one, you have a job ahead of you but taking small steps and making it real by using previous case studies is an effective method of communicating the vital message here. I'm working in Ireland and its not uncommon for me to come across Directors that have absolutely no idea of their responsibilities in relation to health and safety for their employees, other persons etc. Can be a serious uphill struggle at best of times! You can only do your best. Good luck.

You report that they have had no incidents/accidents for a long time and yet there are good indications of imminent incidents/accidents. If the facts are they have had a good safety record, for a long time, then your argument is obviously based upon risk assessment. What risk levels are your risk assessments showing and what are the costs of your suggested precautions, overall?

Regards

Hi. Couple of things:
It is still only smaller companies which take the manslaughter hits - not saying it's right, just saying. So the case studies up to now aren't always that helpful.
Do you have risks assessed as being of serious consequence? Are these given top priority?
Also if you have have or can develop a method of capturing and then rating (as serious) incidents, close calls etc. however trivial, this will both justify your concern and create a basis for your presentations. Otherwise you are all just sitting waiting for the biggy.
So you are trying to get across how realistic is it really that something major WILL happen, and then if it does, will snr management be vulnerable? Beyond the company. In theory the answer is yes of course, but in reality, unless failings are 'gross', the enforcers will tend to take the easiest option.

Finding some cases in your particular industry could help (rather than something completely alien), but it is an unlikley event for MDs to be taken to the wire.

You could try going down the 'I want to prepare a crisis plan' route; where you can cover "what we will do if ever . . . ".
That gives you the opportunity to explain, almost as a story, what actually would happen - the police turn up, area is a crime scene, witnesses are 'to a crime' potentially, work / production comes to a halt, everyone, including senior managers, will be doing nothing else but managing this crisis, then HSE turn up, hand over any and all unpriveledged documents & other evidence - you get the picture.
Ask how legal support will be provided - to individuals, (including MD) not just the company. By whom. Cover the length of time to coroner inquest, prosecutions, and finally civil claims. Traumatic incident / employee support provision. Etc.

Don't make it too personal, or suggest any of this WILL happen, treat it almost as a business continuity matter, but this may drip-feed information which may ultimately motivate. If it doesn't, at least you will have a plan anyway.