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Posted By Ian Bruce
I am putting together a presentation on the basics of health and safety principles for experienced managers, to be delivered by myself. I intend to include the usual stuff you see in H&S awareness, with a bit more of a slant towards the principles contained within HSG65 and the concepts behind risk assessment etc.
The idea is for this to become a taster for further courses which will empower managers to be proficient in risk assessment and accident investigation for instance.
My line manager would like to see some examples of where conivance or neglect by a manager or supervisor employed by an organisation, has led directly to individuals being prosecuted rather than the employing organisation. Although I have some reservations about using a big stick approach, there may be some value in it, particularly where you have managers who steadfastly believe that H&S is the H&S Officers job! Believe me, there are a few like that!
I've done a trawl through the HSE web site and for the life of me can't find any examples. Do any colleagues out there in IOSH world know of any examples that I could potentially use?
I'd like the chance to review them before I decide to either include them in the presentation or tell my boss to forget the idea.
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Posted By Eric Burt
A senior council official has been charged with manslaughter over the outbreak of Legionnaires' Disease in Cumbria, which claimed seven lives.
Gillian Beckingham, design services manager with Barrow Borough Council, was prosecuted for breaching the Health and Safety at Work Act.
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Posted By Eric Burt
Apologies...
My posting should have read that she was ALSO prosecuted for breaching the Health and Safety at Work Act.
Here's a link to another story about a manager being prosecuted (also for a legionella outbreak). http://www.thenetrisk.co...ws_legionella110204.html
I have personally been involved in a HSE prosecution of a teacher under section 7 HASAWA.
Eric
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Posted By peter gotch
Ian
Have you looked at the various cases at
http://www.hse.gov.uk/pr...%2C+1282%2C+%7C&x=24&y=6
+
http://www.hse.gov.uk/pr...p?SF=BID&SV=F15000044301
My own experience includes:
HSWA S7 prosecution of foreman roofer. When did not take up instruction of need for a scaffold for local authority roof repair, failed to ensure alternate safe system of work, resulting in workman falling from untied ladder, sustaining major injury. Demoted by employer resulting in £50 per week loss in wages for 9 months before guilty plea in court circa 1987. Fined £150.
HSWA S36 prosecution of foreman roofer causing his employer to be in breach of S3 duty of care to public ie foreman's son who fell through opening on flat roof prior to installation of roof light of new supermarket. 14 year old fell 6m but fortunately without serious injury. Admonished.
Regards, Peter
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Posted By Derek Rooney MIOSH MIIRSM
Here are a couple i have used recently;
A construction company was fined a total of £40,000 and ordered to pay £12,983 costs at the Old Bailey on 6th February 2004, after pleading guilty to a breach of health and safety legislation, following a fatal fall from height of a construction worker.
The case, brought by the Health and Safety Executive (HSE) against Eugena Ltd, arose following the fatal accident during construction work at St Thomas’ Hospital, Lambeth Palace Road, London SE1.
Construction worker Ian Mallon was laying blockwork at a height of approx 2.5m when he fell from the unguarded edge of a scaffold work platform on 17th June 2001. As a result of the fall Mr Mallon suffered severe head injuries from which he died in hospital several days later.
The incomplete scaffold platform used by Mr Mallon and his workmates had not been inspected by a competent person after its alteration.
Eugena Ltd pleaded guilty to a breach of duties under s.3 (1) of the Health and Safety at Work Act 1974, in that they failed, so far is reasonable practicable, to ensure the health and safety of persons no in their employment.
HSE Principal Inspector, Neil Stephens, said that “this case has demonstrated that principal contractors simply cannot assume that sub-contractors, if left unsupervised, will act safely. Principal contractors must ensure that they have adequate arrangements in place to supervise the work of their sub-contractors.”
and
The HSE went into a car maintenance workshop in Reading and found the walls and floor were covered in oil and the place was ‘cluttered’. In addition the toilets and sinks were dirty and there was no soap or towels for staff.
The HSE issued an improvement notice. The improvement notice not actioned and in April 2000 a senior partner was personally fined £15,000 at Reading magistrates court for ignoring the improvement note.
The HSE said after the case “this shows that health issues are as important as safety issues in the workplace. The risk of people contracting skin diseases such as contact dermatitis must be tackled”.
hope these help
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Posted By Raymond Rapp
Ian,
There was a case of a track manager in my organisation who was prosecuted by the HSE/HMRI for unsafe acts. It was reported on the HSE web site about 18 months ago and is probably still available. His nickname was 'dangerous' Dave and that was before this incident!
Incidentally, if you are doing a presentation on accidents, investigation and responsibilities don't forget to include some references from HSG 48, a very good publication.
Ray
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