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JL  
#1 Posted : 18 October 2016 19:36:18(UTC)
Rank: Forum user
JL

I am soon to give a lecture to work colleges on the new Sentencing guidelines with regard to H&S failures, Although I can happily talk about the new guidelines I am struggling to find a case study that shows a recent example of the more relaxed threshold for imprisonment, specifically where a director has not been sentenced but a more junior manager has been sentenced.

I feel that showing junior managers that it is not always the directors that end up taking the punishment for H&S failures will ensure they take their responsibilities more seriously.  

Roundtuit  
#2 Posted : 18 October 2016 21:32:20(UTC)
Rank: Super forum user
Roundtuit

it is unfortunately too soon for your subject matter to have real world examples. Look at the HSE press pages and you will still see wide divergence in how offences are prosecuted death on a building site gets £700k, maim the general public £5m but break an actor's leg and it is £1.6M
Roundtuit  
#3 Posted : 18 October 2016 21:32:20(UTC)
Rank: Super forum user
Roundtuit

it is unfortunately too soon for your subject matter to have real world examples. Look at the HSE press pages and you will still see wide divergence in how offences are prosecuted death on a building site gets £700k, maim the general public £5m but break an actor's leg and it is £1.6M
Rees21880  
#4 Posted : 19 October 2016 08:12:02(UTC)
Rank: Forum user
Rees21880

I agree with Roundtuit (great avatar BTW!) that it's too soon to get many cases for your presentation.

You could include additional cases such as the two suspended sentences for scaffolder owner and son/business partner - 4 months and 8 months jail, suspended for two years with a fine of £25k to pay! I think that this was about a month ago.

There's also a 12 month jail sentence for a Director when a MEWP toppled over causing a fatality.

kmason83  
#5 Posted : 19 October 2016 08:20:30(UTC)
Rank: Forum user
kmason83

There are some examples where civil cases have cost more due to them being tried after the sentencing changed but in all the cpd I have attended with various legal and insurance groups I don't think they have mentioned any criminal cases so I guess the presidence is still to be set. You could focus on cost implications as I know certainly in education this gives the governors and the principal team something fat to chew on.
RayRapp  
#6 Posted : 19 October 2016 08:33:14(UTC)
Rank: Super forum user
RayRapp

Normally criminal prosecutions for individuals such as supervisors and junior managers are pursuant to S7 HSWA, which is used very sparsely. Having checked the HSE prosecutions database I found only four prosecutions since the SC guidleines came into force for a S7 offence. None included a custodial sentence but three included a suspended prison sentence and one community order. There may be more prosecutions in the pipeline becuase the guidelines apply regardless of when the offence took place.
gerrysharpe  
#7 Posted : 19 October 2016 10:28:01(UTC)
Rank: Super forum user
gerrysharpe

When the HSE fine companies they tend to go by the Turnover and make a charge proportionate to the money available.

It would be pointless to fine a small building company 5 million and make them go bust, and end up with nothing, or fine them an amount which they can afford to pay which will hurt them in their pocket!

Thats why fines vary so much for the same injury

JL  
#8 Posted : 19 October 2016 19:14:32(UTC)
Rank: Forum user
JL

Thanks for the comments guys, some good points and I agree that there is some time to go before we have some attention grabbing case studies, although 1.6 million for a broken leg on the star wars set is certainly worth a mention.

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