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alan w houghton  
#1 Posted : 29 August 2013 11:25:39(UTC)
Rank: Super forum user
alan w houghton

Having received a prohibition notice (never received one before) Is it worth me appealing or am I wasting my time as I am worried about spiralling costs Just looking for peoples experience with this process All info would be good Thanks in advance Alan
walker  
#2 Posted : 29 August 2013 11:32:10(UTC)
Rank: Super forum user
walker

If you are considering any appeal you must think the inspector got it wrong. You could ask for clarification.
alan w houghton  
#3 Posted : 29 August 2013 11:39:26(UTC)
Rank: Super forum user
alan w houghton

The inspector got it right, we are sub-contracting on site and our supervisor agreed to work out of sequence with principle contractor We never agreed this he took it upon himself, however we are to be punished after spending lots of money in educating our workforce to comply with all safety rules I feel cheesed that I have this on my record and have tried to apportion blame on PC as they were responsible for edge protection which they removed
walker  
#4 Posted : 29 August 2013 11:46:40(UTC)
Rank: Super forum user
walker

I think you would be wasting time then. Just get the actions delivered and the prohibition lifted Gonna effect future tenders though innit? Strange they did not go for the PC IMHO.
Ron Hunter  
#5 Posted : 29 August 2013 11:55:01(UTC)
Rank: Super forum user
Ron Hunter

PN is essentially a "STOP NOW" and would apply to the immediate activity and people directly involved. Involvement of a Principal Contractor etc. is irrelevant to the circumstance.
alan w houghton  
#6 Posted : 29 August 2013 12:13:32(UTC)
Rank: Super forum user
alan w houghton

PN is a stop now and work was stopped Actions delivered and prohibition notice was removed ie PC put back edge protection they did go for PC but went 50/50 future tenders is a worry but also lads and pc cutting corners behind ones back that is also worrying
walker  
#7 Posted : 29 August 2013 12:14:17(UTC)
Rank: Super forum user
walker

ron hunter wrote:
PN is essentially a "STOP NOW" and would apply to the immediate activity and people directly involved. Involvement of a Principal Contractor etc. is irrelevant to the circumstance.
Fair point
walker  
#8 Posted : 29 August 2013 12:21:39(UTC)
Rank: Super forum user
walker

quote=Alan W Houghton] but also lads and pc cutting corners behind ones back that is also worrying
Realistically it's always going to be a possibility for us all. I (from now on) would be using this Supervisor to regularly deliver a TBT on the consequences of not following procedures. Offer it to future client's too!
alan w houghton  
#9 Posted : 29 August 2013 12:44:39(UTC)
Rank: Super forum user
alan w houghton

I have given him a final written warning but it still does not get over the fact I will have a prohibition notice hanging over me Has any one successfully won or lost an appeal and what costs where involved It may be my point to pull out before costs spiral out of control
redken  
#10 Posted : 29 August 2013 13:05:58(UTC)
Rank: Super forum user
redken

“The inspector got it right,… prohibition notice was removed” You can not appeal. I think you can ask HSE about how they word it but anyway the entry in the database should make it clear that others were involved and the fault was put right immediately.
Chris L  
#11 Posted : 29 August 2013 16:07:58(UTC)
Rank: Forum user
Chris L

You can appeal a prohibition notice. As to the cost of this, well how long is a piece of string? The other consideration for you will be the fees for intervention (FFI) costs that you will incur as a result of the HSE intervention. While my organisation escaped any notice we did incur FFI fees as a result of their investigation of a RIDDOR reportable incident we had. For further information on appeals and FFI try these HSE links - http://www.hse.gov.uk/en...ces/tribunals-appeal.htm & http://www.hse.gov.uk/pubns/hse47.htm You have a right of appeal no matter what the circumstances or involvement of an HSE inspector or local authority enforcement officer. I should know I was an enforcement officer for a number of years. You also have the option apart from the above appeals process to go to the independent regulatory challenge panel who can look at the application of and decision of an regulator and decide whether they were correct or not. The link for more info is - http://news.hse.gov.uk/l...launched-5-january-2012/ At the end of the day it is for you to decide if there is room for an appeal and on what grounds, but you are entitled to do so if you so wish. Unfortunately with dual vicarious liability a lot of employers have to suffer due to the negligent acts of both employees and contractors.
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