Rank: Super forum user
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Rank: Super forum user
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A lot of one sided opinion from the man who wrote the article; suggesting it is a revenue collection exercise for the Government, and that smaller firms should be targeted, as the larger ones have done so much to improve safety.
How about we focus on the fact that they were fined for safety failings that resulted in someone dying.
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Rank: Super forum user
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One could easily argue the fine did not sting enough.
But at least now we appear to be getting something closer to proportionate.
This company "has form" that the courts cannot ignore.
Any publication is going to be bias as I guess the large firms are their source of revenue.
The only (pleasant) surprise to me is the criminal courts appear to be doing their job.............finally
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Rank: Super forum user
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I think it should be higher ! If you follow the guideline's a company their size and such a common issue regarding shoring up a 2.4m deep trench, it is basic stuff.
Yes yes they are very sorry and all that from another article on the same link (by same person) and they will learn lessons and apply across the business bla bla bla, same old drivel.
That fine didn't hurt them enough, there should be a prison sentence.
Hands up all on here that doesn't know to shore up a trench ?
IMHO
Chris
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Rank: Forum user
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I don't like the "But simply taking millions from a company could be counter productive when that cash could be channelled into improving site conditions and saving more lives." statement.
If they spent a few quid making things right in the first place the poor chap would still be with us, and they wouldn't have the well deserved fine!
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Rank: Super forum user
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One of only several big fines for BB has sustained over the last few years
It is a pity it has taken nearly six years for justice to be given to the young man who died
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Rank: Super forum user
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Add to this the recent Travis Perkins fine of £2million for a customer fatality and things are really hotting up. I don't think it will be too long before we see fines in eight figures. Industry representatives may whinge but they have had it cushy for too long. Investing in health and safety may pay dividends after all!
It's true that smaller sites present the greater challenge and they will be fined pro rata. Where they do not have the means to pay a substantive fine then hopefully a custodial sentence will be meted out.
Why it takes so long to bring a case to court baffles me. Still looking at the enquiry into the Iraq war which has taken seven years thus far I suppose two or three years is not that bad.
http://www.bbc.co.uk/new...eds-bucks-herts-36169996
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Rank: Super forum user
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I'm wondering if the HSE has been intentionally "dragging its heels" awaiting the new sentencing guideline to kick in.
If yes maybe the relatives can get some comfort from that.
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Rank: Super forum user
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I will wait for the civil compensation award....
After all, the blacklisted guys are roasting along with tens of millions so far...surely a life is worth more...oh wait, this is the UK..
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Rank: Forum user
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As an Ex HSE inspector, I can tell you the reason it takes so long is because gathering evidence correctly takes time, as does waiting for reports, arranging interviews, assessing remedial measures etc.
In Scotland of course, once I'd completed my investigation it would be passed to the PF and go through their system where it had to be reviewed and legal discussions entered into.
Of course, this would all be much quicker if inspectors only had one case at time, and so did the PF, but sadly staffing levels are a major contributor to delays, most of which are out of the hands of HSE.
So I very much doubt that HSE would want delays - remember they have to liaise with the family, and don't 'benefit' from an increased fine themselves.
Personally, I agree with the headline, but not the content of the article
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Rank: Super forum user
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From an excellent article in Health and Safety Magazine
"The defence tried to argue that, as the case had taken six years to arrive at sentencing, it would be unfair to apply the new sentencing guidelines.
Judge Brown responded that the delay had been far more unfair to Sim’s family. He added that the HSE had acted with reasonable speed and said the delay was because the police and the Crown Prosecution Service had taken three years to decide not to bring manslaughter charges and a further two years for the inquest to be completed.
He said that the guidelines were intended to apply retrospectively and added that it was simply the “fickle finger of fate” that Balfour Beatty be caught under the guidelines."
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