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Elfin Davy 09  
#1 Posted : 25 July 2016 09:50:48(UTC)
Rank: Super forum user
Elfin Davy 09

There are some interesting thoughts, comments and (arguably sympathetic) actions by the Judge in this one: http://www.shieldsgazett...afety-measures-1-8031417 Despite the new Sentencing Guidelines and warnings of stern action to come, it would appear that it's still perfectly reasonable and acceptable to put workers at risk because your Country now needs you ! Your thoughts ? Elfin
chris.packham  
#2 Posted : 25 July 2016 11:46:05(UTC)
Rank: Super forum user
chris.packham

"Nobody was found to have fallen ill during the period regulations were breached." This worries me. How do they know that no-one has suffered damage to health that will only become apparent at some time in the future? Styrene is also an ototoxin and, as such, can permanently damage hearing. Did they monitor hearing loss? This is often the problem with damage to health due to workplace exposure to chemicals. The consequences of exposure today may not be apparent for some time. As a result management is often reluctant to introduce controls and they are not convinced that they are needed. Not only that, but the damage can sometimes be a combination of occupational and non-occupational exposures. Chris
walker  
#3 Posted : 26 July 2016 07:52:22(UTC)
Rank: Super forum user
walker

I see some irony here: The HSE inspector says the company did nothing for 22 months (after the initial warning from the HSE). Nor did the HSE ! The company could not afford to do the right thing and install LEV The HSE have so few field inspectors they are not doing the right thing either, the initial visit & warning should have been followed up far sooner. Virtually every reported court case these days, the "villain" is already on the HSE Radar, but the stable door only gets attention after the horse has long gone.
Ron Hunter  
#4 Posted : 26 July 2016 11:49:00(UTC)
Rank: Super forum user
Ron Hunter

From the referenced article: "a judge agreed to reduce the fine after their guilty plea and gave them three years to pay the cash, saying it was the “kind of enterprise the country needs” to recover from recession." Whether the statement is accurate or not, it is very worrying and surely an ill-advised thing for a judge to utter. This may be indicative of the 'race to the bottom' and the shape of things to come for workplace safety post UK EU exit.
johnmurray  
#5 Posted : 26 July 2016 13:59:31(UTC)
Rank: Super forum user
johnmurray

Leaving aside the comments from the bench... The companies attitude is very common among small companies....
biker1  
#6 Posted : 27 July 2016 09:37:49(UTC)
Rank: Super forum user
biker1

Walker wrote:
I see some irony here: The HSE inspector says the company did nothing for 22 months (after the initial warning from the HSE). Nor did the HSE !
I quite agree. I see little point in the HSE issuing notices if they're not going to follow them up to check they are being complied with, or it becomes a tick box exercise that doesn't actually improve anything. As the saying goes - don't shake the tree if you can't catch the coconuts.
chris42  
#7 Posted : 27 July 2016 09:54:53(UTC)
Rank: Super forum user
chris42

So if an employee was harmed during this near 2 year time frame, could they claim against the HSE for not doing their job ?
jwk  
#8 Posted : 28 July 2016 09:54:03(UTC)
Rank: Super forum user
jwk

This seems to be a miscarriage of justice; the judge would appear to have little knowledge of H&S law or the court sentencing guidelines. If I was HSE I would appeal, John
walker  
#9 Posted : 28 July 2016 12:08:05(UTC)
Rank: Super forum user
walker

jwk wrote:
This seems to be a miscarriage of justice; the judge would appear to have little knowledge of H&S law or the court sentencing guidelines. If I was HSE I would appeal, John
I was reading in the paper yesterday about a judge who has lost his job for having Alcohol in the courts. ..........just saying!
jde  
#10 Posted : 29 July 2016 10:41:56(UTC)
Rank: Forum user
jde

Could have been a a good earner for the HSE under FFI! Seriously though, I wonder why the HSE did not issue an IN and escalate the actions for non compliance.
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