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#1 Posted : 02 January 2001 12:47:00(UTC)
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Posted By Bob Matthews What are the views on helping other companies. I give health and safety advice and carry out risk assessments and training for a company other than the one I work for. Are there any pitfalls in this?
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#2 Posted : 02 January 2001 14:17:00(UTC)
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Posted By Allan St.John Holt Helping other companies is a good thing to do. It's a variant on what we do in this forum. Whether it's a WISE thing to do could be something else, depending on the situation. If you accept a consideration - not necessarily but often money - for doing so, then you could be held liable for the quality or adequacy of your advice and training. The test really is, if something happens either as a result of advice you've given, or which is not covered by that advice and arguably should have been, what is the 'other company' going to do about it? In fact that decision will be made by their insurers if the sum involved is significant. This is why professional indemnity insurance is a good idea if there is any likelihood of one of the above happening. From a criminal (HASWA) point of view at its simplest, you could be considered as putting people at risk by your activities if you have been judged to have given wrong or incomplete advice. But this last is somewhat hypothetical, as I don't believe it would be in the public interest to pillory a Good Samaritan. There is a school of though not discouraged by some [reference removed] which thinks that taking even partial or poor quality advice is better than doing nothing at all. On the other hand, really incompetent advice (of which I have seen a few cases) can be dangerous. I have heard and seen written evidence of advice being given which was of the quality of 'Find the gas leak by holding a match nearby and waiting for the flame to wobble in the draught'.... Happy New Year, Allan
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#3 Posted : 02 January 2001 14:20:00(UTC)
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Posted By Bob Matthews Many thanks for your advice. I have taken the precaution of taking out Professional Imdemnity insurance. The company which has asked me to help has already been prosecuted for breach of the HASWA about 12 months ago. They are in a bit of a mess safety wise. There are a lot of thing wrong there, so I thought I may do them some good??? Take care and happy new year Bob
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#4 Posted : 02 January 2001 16:23:00(UTC)
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Posted By Brian J Sutherland In addition to concurring with Allan's response I recall a case were a company employed a h&s consultant to advise on the methodology concerning the demolition of a structure. The manner in which this work was undertaken resulted in the exposure of the company's employees and members of the public to asbestos fibres. In this instance the HSE not only prosecuted the company but also the "consultant" as it was deemed he had given incompetent advice. This was challenged unsuccessfully in court by the consultant and he was fined £16k.
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