Rank: Super forum user 
|
I seem to recall somebody (possibly on here) mentioned it was now standard practice within the HSE to review and snapshot a companies social media accounts ahead of an investigation. Can anyone confirm if this is true? For example, a construction contractor reports a fall from height under RIDDOR regs. The HSE look at their social media (Facebook, Twitter etc) and find photos of previous jobs in progress. These photos show a poor safety standard, e.g. incorrectly set up scaffold towers, unprotected excavations or some idiot raised on the FLT forks. I would expect the HSE see this kind of stuff as strong evidence of repeated failings and not a singular one off incident that resulted in the fall. Just wondered if anyone had a link to a case where social media evidence had been used or a written policy relating to such evidence. PS: I'm an insurance surveyor and come across this type of stuff on clients FB pages. I do challenge them on it but it would reinforce my argument if I could point to something official. Thanks in advance.
|
|
|
|
|
|
Rank: Forum user
|
It's a few years since I left HSE, so things may have changed, but this is a tricky area in terms of formal enforcement, as there would be very difficult questions of evidential sufficiency over photos taken by others witthout knowing the context etc.
However, I have been shown photos of poor practice on contractors sites and then 'had a quiet word' to raise the issue. Whilst formal enforcement may be tricky, improvements can be made. It's amazing how quickly photos can disapear from the web...... :-)
There are also issues over covert surveilence should there be a suspicion that individuals may be discussing matters relevant to an investigation on-line, and special approval and authorisation was required, and again, I think would be a difficult area should you come to relly on them for enforcement. This is true also even for tracking down a missing witness (i.e an agency worker no longer with the same agency)
A very complex area
|
|
|
|
|
|
Rank: Super forum user
|
I think that it is very unlikely that many Inspectors would attempt to use social media pages as evidence except in very rare scenarios. Problems with demonstrating the quality of evidence required by the Courts.
|
|
|
|
|
|
Rank: Super forum user 
|
however in a civil issue..... very different (imho)
|
|
|
|
|
|
Rank: Forum user
|
We've used social media posts to prove someone was making a fraudulent injury claim so it can be usefull.
|
|
|
|
|
|
Rank: Super forum user
|
There is a difference between the evidence that might persuade the HSE to start an investigation and the evidence that they would use in court. So if something was reported under RIDDOR the HSE might have a look at any social media associated with that business and if they saw evidence of horseplay for example that might persuade them to start a more thorough investigation. It is that thorough investigation that would provide the evidence of wrong doing that would be presented in court.
|
|
|
|
|
|
Rank: Super forum user 
|
I think this is a tricky one: s21 is actually fairly prescriptive about evidence gathering. Would taking a screenshot of a social media page be a 'recording'? Because Inspectors can make recordings. Would a social media page be a 'book or a document'? Because they can gather and use books and documents. It's definitely a case where the law has not kept up to date with the modern world, but generally I agree with Andy K; HSE/LA may use social media to decide whether or not to investigate, but having made that decision they have all the powers they need using more conventional records,
John
Edited by user 08 May 2018 15:22:30(UTC)
| Reason: Spilelng
|
|
|
|
|
|
You cannot post new topics in this forum.
You cannot reply to topics in this forum.
You cannot delete your posts in this forum.
You cannot edit your posts in this forum.
You cannot create polls in this forum.
You cannot vote in polls in this forum.