Welcome Guest! The IOSH forums are a free resource to both members and non-members. Login or register to use them

Postings made by forum users are personal opinions. IOSH is not responsible for the content or accuracy of any of the information contained in forum postings. Please carefully consider any advice you receive.

Notification

Icon
Error

Options
Go to last post Go to first unread
JL  
#1 Posted : 31 January 2019 12:49:52(UTC)
Rank: Forum user
JL

Has there been many prosecutions for employers who have inducted site staff but failed to ensure they have actualy understood or agreed to comply with them due to language issues. its easy to get a signature on a site induction but harder to ensure its completly understood.  I know CITB and others have varying site safety documents in multiple languages to get round this issue, but has this ever been a facor that has seen someone prosecuted. 

Elfin Davy 09  
#2 Posted : 31 January 2019 13:18:09(UTC)
Rank: Super forum user
Elfin Davy 09

It probably wouldn't become an issue until someone got injured and a subsequent investigation identified this as being partly responsible.  It is therefore possible that companies will have been prosecuted as a result of poor inductions, but it will only have been identified as a factor in the bigger picture of prosecution for the accident itself rather than as a stand alone reason.

A Kurdziel  
#3 Posted : 31 January 2019 14:00:46(UTC)
Rank: Super forum user
A Kurdziel

Recalling from memory some of the projections described in SHP and the like, I get the impression that poor/non-existent inductions may have been a FACTOR in a prosecution but once the case is done and dusted what is recorded is the specific regs that were broken not those factors. Identifying cases based on these might be difficult.  Some like old cases in SHP or the IOSH magazine might be a place to start but it would be a long trawl I suspect to find them.

thanks 1 user thanked A Kurdziel for this useful post.
nic168 on 31/01/2019(UTC)
nic168  
#4 Posted : 31 January 2019 18:10:53(UTC)
Rank: Super forum user
nic168

 I have come across instances where Risk assessments and SSOW were clearly not commuicated and therefore a bit suspect. At least one of the people supposed to have signed up as having read and understood did not read English, and another could not read.

It is definitley a problem but I cannot think of a prosecution directly linked to that as a factor. more likely to be  bracketed togther with poor risk assessment and procedures.

thunderchild  
#5 Posted : 01 February 2019 09:58:05(UTC)
Rank: Forum user
thunderchild

I have worked for a business that was prosecuted for this reason (would link to the HSE site but their media centre no longer goes back to 2017).

Long story short, operative lost finger and a half when trapped cleaning a printing roller he should't have been cleaning. All documentation was in English and he didn's speak a word of it let alone read any. The process was that these would be translated by a native speaker of his language. Whilst they company could demonstarte that all the documents had been signed they could not demonstarte that they had been expleained sufficiently or that the operative fully understood them.

The plead gulty and were fined £100k plus costs if I remember rightly. Whilst I was there I looked into having them professionally translated, the business would not pay. They clearly had not learnt their lesson, in my opinion.

I hasten to add this was before my tenure at the business and I left after 5 months as the safety was that bad and there was no support from the owners of the business. My boss left 3 days after me! If you remember my posts around November 2017 regarding an unreported RIDDOR......yeah, it never got reported due to the fact that it was a similar situation, hence my walking from the business.

thanks 1 user thanked thunderchild for this useful post.
JL on 05/02/2019(UTC)
Users browsing this topic
Guest (2)
You cannot post new topics in this forum.
You cannot reply to topics in this forum.
You cannot delete your posts in this forum.
You cannot edit your posts in this forum.
You cannot create polls in this forum.
You cannot vote in polls in this forum.