Sorry didn't really phrase the question very well as to understand what I'm really asking would be somewhat long-winded. What I'm looking for are cases of supervisors/ junior managers who have been prosecuted for failing to carryout their duties under HASAW. The last 3 organisation I have worked for the general feeling from lower management is that they are untouchable under HASAW as ultimately the MD/business owner or CEO will carry the can.

Rare, but possible. If there is an effective safety management system working well then it can be likely that an individual/supervisor hasn't followed his training/responsibilities.

There is case history which I have referred to in training; can look for those (next week :o)

Civil claims against an individual ("man of straw") are rarely advised, or needed when there is an insured employer against whom to claim. I am not aware of any of these, whereas there are quite a few prosecutions of managers / supervisors.
Historically the HSE used to prefer not to go after individuals, however, over the last ten years or so this has gradually changed. Check out the Barrow legionella case (2006?)

I have not bothered, but if you search the H&S press you will find quite a few more recently (often the company is also prosecuted so careful unpicking is needed) or you can try the HSE database, then google to get more.

The HSE find it harder to pin senior management down, an operational connection is required. The MD may well be out of the frame especially in larger organisations. I would not be resting on my laurels as a supervisor; a recent legal seminar suggested even the guys in overalls (on-site team leader) are being targeted by HSE which the lawyer found somewhat distasteful.
Different times . . .

Yes, as has been said, anybody in the business can be prosecuted either under HSWA Section 7(duty on all employees to comply with H&S) or HSWA section 36(causing another person to breach H&S rules eg by ordering someone not to follow H&S rules) or even HSWA section 37(conniving and consenting to a breach of H&S rules ie not doing anything about H&S failures when you are in charge).
Such prosecutions are rare for sure; it is harder to prove that an individual did something wrong rather than an accident being due organisational failure. Your smug colleagues should remember though, that the HSE understand how organisations work and they (as I have been told by tame H&S inspectors) they know who to go for. I was told of an incident where a load came off an overhead crane and fell on and killed an employee. The HSE came on site and interviewed the H&S manager for 20 minutes to confirm that they had done the risk assessments and had written procedures and a training and maintenance regime in place etc. They then grilled the operations manager over TWO days under caution to establish exactly what he was doing to make the H&s theory work in practice. Not fun.

arxbrg,

Looking to answer your question with specific cases.

This one, as well as a director, a line manager was also prosecuted

http://press.hse.gov.uk/...d-for-safety-failings-2/

And this one, manager prosecuted,

http://www.healthandsafe...ger-fined-riddor-failure

though, if you read, he didn't pay the fine......


JohnW