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SNS  
#1 Posted : 19 November 2012 19:17:35(UTC)
Rank: Super forum user
SNS

Evening all,

Tried a search and couldn't find a link to this story. If it has been aired before sorry.

We had a briefing from our criminal lawyers with regard to risk assessments, they brought up the case citation: [2011] EWCA Crim 2015. http://www.bailii.org/ew...EWCA/Crim/2011/2015.html .

The main point raised is that RA must consider the unexpected, article links:http://www.eversheds.com/global/en/what/articles/index.page?ArticleID=templatedata%5CEversheds%5Carticles%5Cdata%5Cen%5CHealthcare%5CExpecting_the_unexpected_June_2012
and http://www.newlawjournal...content/risky-business-4 .

I don't recall seeing it in SHP, again, willing to be corrected if it has been.

It would appear that a 'suitable and sufficient' RA just got a little more challenging.

Rgds,
S
SNS  
#2 Posted : 19 November 2012 19:18:54(UTC)
Rank: Super forum user
SNS

oh for an edit function ..

http://www.eversheds.com...the_unexpected_June_2012
and http://www.newlawjournal...content/risky-business-4 .
Ron Hunter  
#3 Posted : 20 November 2012 13:07:36(UTC)
Rank: Super forum user
Ron Hunter

The case against the Head Teacher was quashed as I recall. This is the jist if the article you reference, which confirms the view that common sense prevails?
Ron Hunter  
#4 Posted : 20 November 2012 13:15:46(UTC)
Rank: Super forum user
Ron Hunter

I should have added that the case regarding the entrapment and consequent death of the employee in the confectionery does seem an obvious case for prosecution - no excuse for missing entrapment risk.

As for the death of the litter picker, killed by the vehicle intended to afford him some protection - I'd really need more information (carraige speed, perspicuity of the vehicle, road conditions, weather, maintained distance, direction of work, etc.) Standards for work on live carraigeways are well-documented and there would be no real excuse for the employer who failed to ensure these were stringently followed.

Hindsight of course, is a wonderful thing - but not admissable in a Court of Law.
peter gotch  
#5 Posted : 20 November 2012 13:40:38(UTC)
Rank: Super forum user
peter gotch

SNS

Tangerine especially - unexpected but undoubtedly reasonably foreseeable - machinery accidents in the food and drinks industries (amongst others) very commonly associated with cleaning and maintenance and the clearance of blockages.

....and yes the case of the Head Teacher was quashed - not a material risk.
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