Rank: Super forum user
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There are some interesting thoughts, comments and (arguably sympathetic) actions by the Judge in this one:
http://www.shieldsgazett...afety-measures-1-8031417
Despite the new Sentencing Guidelines and warnings of stern action to come, it would appear that it's still perfectly reasonable and acceptable to put workers at risk because your Country now needs you !
Your thoughts ?
Elfin
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Rank: Super forum user
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"Nobody was found to have fallen ill during the period regulations were breached."
This worries me. How do they know that no-one has suffered damage to health that will only become apparent at some time in the future? Styrene is also an ototoxin and, as such, can permanently damage hearing. Did they monitor hearing loss?
This is often the problem with damage to health due to workplace exposure to chemicals. The consequences of exposure today may not be apparent for some time. As a result management is often reluctant to introduce controls and they are not convinced that they are needed. Not only that, but the damage can sometimes be a combination of occupational and non-occupational exposures.
Chris
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Rank: Super forum user
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I see some irony here:
The HSE inspector says the company did nothing for 22 months (after the initial warning from the HSE).
Nor did the HSE !
The company could not afford to do the right thing and install LEV
The HSE have so few field inspectors they are not doing the right thing either, the initial visit & warning should have been followed up far sooner.
Virtually every reported court case these days, the "villain" is already on the HSE Radar, but the stable door only gets attention after the horse has long gone.
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Rank: Super forum user
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From the referenced article:
"a judge agreed to reduce the fine after their guilty plea and gave them three years to pay the cash, saying it was the “kind of enterprise the country needs” to recover from recession."
Whether the statement is accurate or not, it is very worrying and surely an ill-advised thing for a judge to utter.
This may be indicative of the 'race to the bottom' and the shape of things to come for workplace safety post UK EU exit.
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Rank: Super forum user
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Leaving aside the comments from the bench...
The companies attitude is very common among small companies....
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Rank: Super forum user
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Walker wrote:I see some irony here:
The HSE inspector says the company did nothing for 22 months (after the initial warning from the HSE).
Nor did the HSE !
I quite agree. I see little point in the HSE issuing notices if they're not going to follow them up to check they are being complied with, or it becomes a tick box exercise that doesn't actually improve anything.
As the saying goes - don't shake the tree if you can't catch the coconuts.
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Rank: Super forum user
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So if an employee was harmed during this near 2 year time frame, could they claim against the HSE for not doing their job ?
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Rank: Super forum user
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This seems to be a miscarriage of justice; the judge would appear to have little knowledge of H&S law or the court sentencing guidelines. If I was HSE I would appeal,
John
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Rank: Super forum user
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jwk wrote:This seems to be a miscarriage of justice; the judge would appear to have little knowledge of H&S law or the court sentencing guidelines. If I was HSE I would appeal,
John
I was reading in the paper yesterday about a judge who has lost his job for having Alcohol in the courts.
..........just saying!
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Rank: Forum user
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Could have been a a good earner for the HSE under FFI! Seriously though, I wonder why the HSE did not issue an IN and escalate the actions for non compliance.
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