Rank: Forum user
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Could any one guide me to prosecutions of companies and individuals who have not inducted or supervised contractors and visitors so I can use them as examples.
I am having problems convincing people of the importance of correctly inducting and supervising contractors/visitors who turn up on site. Maintenance and projects are good at this but other departments are particularly
poor.
I have explained repeatedly that we have a legal duty to protect contractors and visitors but would like examples of prosecutions.
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Rank: Super forum user
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Have you looked at the HSE prosecutions database, especially breaches under H&SAWA 1974 section 3-1?
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Rank: Super forum user
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It is unlikely you will find any prosecutions for what is in effect a breach of CDM Regulations 22.(2)(a) and 13.(4) because the prosecution will no doubt fall under s2.-(1) or 3.-(1) of HSWA, particularly if it is not construction orientated.
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Rank: Super forum user
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R v Associated Octel is the oft-quoted case law.
Closer to home (for me) was the contractor fatality at a local paper mill. See (e.g.) http://www.bbc.co.uk/new...burgh-east-fife-12543314
In that report you'll see that "court heard an employee of Tullis Russell had failed to follow proper procedures when hiring them".
Individual prosection aside, you could perhaps ask your own people whether they think that employee stil works there, and how the life of that person and others have been affected.
There is of course a wealth of info. on HSE website on managing contractors, and the EEF (amongst others) run specific courses, however it looks like you need something hard hitting to focus the minds of a few individuals.
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