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Safety Cases / Prosecutions against individuals
Rank: Forum user
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Looking at reinforcing message of 'personal responsibilities' to small workforce under Health and Safety at Work Etc. Act 1974 and Management of Health and Safety at Work Regulations 1999, probably via toolbox talk.
I'd be grateful for assistance in identifying cases / prosecutions of individuals under Section 8 and Reg 14 duties respectively ? Thanks in anticipation.
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Rank: Super forum user
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With respect, I suggest you will only alienate your colleagues by this course of action. Would you seek out s37 offences in order to encourage your Managing Director to recognise his/her 'personal responsibilities'? Of course not, otherwise you would be looking for another job. Likewise I suggest if you cannot find a better way of engaging your workforce...look for another job. No offence meant.
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Rank: Forum user
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Thanks Ray, appreciate your view (no offence taken) however this information isn't intended to be the only content of the TBT info, but I happen to think it's important to the workforce concerned to be aware of the potential penalties.
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Rank: Super forum user
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I agree Chappell sometime a gentle reminder that employees do have a duty to themselves and others does no harm in my view - just dont ram it down too hard - I found this by using that famous search engine. http://www.hse.gov.uk/press%5C2008/coiwm39508.htmStu
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Rank: Super forum user
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Chappell www.hse.gov.uk/prosecutionsthen Advanced Search then at 1, scroll down to Breaches then you can add the Act or Regs then you can add Section No or Reg No Will give you last 5 years cases (not many) Probably best to pick up the S36 (managers, but also others) and S37 cases to find some balance. Some of the descriptions on the HSE site are less than comprehensive. Some are extremely thin! But if you know names, dates, places, can often find much more via google.
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Rank: Forum user
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I have previously used such examples as part of a presentation on roles and responsibilities which I delivered from the top down. Senior managers took it very well except the company secretary when I pointed out that the company cannot pay individuals' fines. I searched the HSE prosecution's database and back issues of HSP to find a suitable example of the prosecution of an individual at every level of the organisation to back up the requirement for fulfilling responsibility.
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Rank: Super forum user
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Sometimes drilling home employees responsibilities and highlighting them through personal prosecution can have the desired affect. When I pointed out the prosecution listed below, to our care home managers fire safety instantly improved and all of the monthly fire safety requirements/checks are now getting done. I don't think it was a coincidence - the scary/shock tactic worked. http://www.rmriskmanagem...-for-fire-safety-breach/
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Rank: Forum user
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There are many s7 examples that I think are useful - especially when they demonstrate the level of negligence involved before such a prosecution takes place. One I use was prosecuted in April 2014 when an operator of a digger struck another worker on the head with the bucket - he was distracted because he was using his mobile 'phone at the time.
I also use s37 cases and cases where directors have been disqualified when running training courses with senior managers. There are indications that the number of these type of cases is increasing.
It is of course important to present the information in the right way - not threatening but informing
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Rank: Forum user
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Thanks all for the comments so far. I'm particulalry interested in any examples of Section 8 cases / prosecutions as well as those under Reg 14 as I have a number of other examples for Sections 7 & 37 (HASAWA). The HSE Proescutions database doesn't appear to cases under Section 8 / Reg 14.
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