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#1 Posted : 18 May 2004 10:10:00(UTC)
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Posted By Anne Hurst Hello, I am doing some research on a group of submariners who recently went ashore from a submarine in Plymouth after alleging that it was in an unsafe condition. I was just wondering if anybody knew whether those in the Navy have the same legal rights to have a safe working environment as anyone else working in, say, an office? Is there any specific legislation to protect them? Obviously if they were in a battle environment there'd be a certain element of risk involved, but in peacetime what kind of risks are acceptable? Thanks!
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#2 Posted : 18 May 2004 11:32:00(UTC)
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Posted By David Sinclair Anne, My understanding is that apart from periods of "operational deployment" or when training for such deployment, work undertaken by the Armed Forces in the UK is governed by the Health and Safety at Work etc Act 1974 ("HSWA"). There are however some complications with regard to the Navy: 1. HSWA does not apply to sea-going vessels once they leave dock; 2. The enforcing authorities have no right to enter MOD property without permission; 3. The Crown is immune from prosection. I hope this helps. Regards. David
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#3 Posted : 18 May 2004 12:15:00(UTC)
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Posted By Rod Douglas Anne, David is spot on the the first two, the Secretary of State for Defence can grant the Armed Forces immunity from the Health & Safety at Work Act 1974 and other legislation, during training and whilst on Operational missions such as The Falklands Conflict, The Gulf War and Bosnia etc.. However I do not think "Crown Immunity" exists any more??? Remember The Met Police Commisioners who were taken to Court by the HSE over the death of a Police Officer, The Police Commissioners are also "Crown Servants" and The Met Police are part of the "Crown" I have just finished developing The Fire Strategy for two new Prisons (Home Office "Crown") and "Crown Immunity" has gone, it now falls under "The Manangement of Health & Safety at Work Regulations 1999" (Regulation 3 Risk Assessement) and The Fire Precaution (Workplace) Regulations 1999 (Amended) I am sure somone will clear this matter up if I am wrong.... Aye, Rod D
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#4 Posted : 18 May 2004 14:16:00(UTC)
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Posted By Richard Spencer I suggest you write to the Department of Defence Public Relations Officer for information. I was an MEO on surface ships and factors of safety that exist on a warship are far in advance of that accepted in civilian life as the ships company train to go in, ‘going in harms way’. I think the first posting in answer is close but to be factually correct I would be inclined to ask the question of the people capable of giving you an answer. Like many large organisations, the navy is something of a ‘master of its own domain’ so I would use whatever information you receive wisely. It should be borne in mind the navy is not a democracy even though it serves one. Richard
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#5 Posted : 18 May 2004 14:19:00(UTC)
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Posted By Dave Wilson As an ex RN EHO the Crown are immune from the prosecution elements of HASAWA however any breaches could be remedied by Crown Notices which can be served on Commanding Officers etc, as far as I am aware individual servants of the crown could in theory be prosecuted as anyone can. The Police have their own specific H&S statutes which they have to comply with. IF I remember rightly S10 Armed Forces Crown Proceedings ACT I believe allows servants of the crown to get compensation for negligent acts of the crown as a breach could not be proven as they couldn't be prosecuted. I am sure someone will tell me if I am wrong
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#6 Posted : 19 May 2004 09:01:00(UTC)
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Posted By Michael Moore As an ex-submariner this also intrigued me. After a little searching I have come up with this info: “Crown employers, which include Government Departments, Next Steps Executive Agencies and some other Organisations sponsored by Departments, are bound by the provisions of Part 1 of the Health and Safety at Work etc. Act 1974, except sections 21 to 25 and 33 to 42. This is set out in section 48 of the Act. The non-application of section 33 precludes prosecution of Crown employers under the Act [commonly referred to as Crown Immunity]. Crown censure is an administrative procedure, whereby HSE may summon a Crown employer to be censured for a breach of the Act or a subordinate regulation which, but for Crown Immunity, would have led to prosecution with a realistic prospect of conviction.” http://www.hse.gov.uk/en...pproving/enforcement.htm “Section 10 of the 1947 Crown Proceedings Act barred lawsuits against the MoD over injuries sustained by services personnel (Crown Immunity), until it was repealed in 1987. But the change was not applied retrospectively, meaning those injured before 1987 could not bring claims. For example recent cases of Naval Personnel who were exposed to asbestos have had claims turned down in the Court of appeal because the exposure was prior to 1987”. http://news.bbc.co.uk/1/hi/england/2755337.stm If I have read it right it seems that the RN can be sued but not prosecuted. Does this help? Mike Moore
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#7 Posted : 19 May 2004 10:31:00(UTC)
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Posted By John Allen The HSE are the Enforcing Authority for HSW Act and relevant statutory provisions in crown premises. Even in military establishments there will be civilian employees. Historically, crown offices and industrial premises were inspected by HM Factory Inspectorate. The only exception to this rule is where the occupier of the premises is the HSE itself: in that case the Enforcing Authority is the Local Authority. With regard to civil cases I believe it has always been open to civilian employees to sue the “crown”, usually in the person of the Secretary of State or Minister for that department.
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#8 Posted : 21 May 2004 12:12:00(UTC)
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Posted By Dave Wilson Think that we have got things just about spot on here. The HASAW applies to the crown however they could not be prosecuted for non compliance, however if you were the Capt and ignored H&S and were issued with a crown notice then it would not bear well with promotion to Commodore / Admiral etc. Civillians have always had the right to ' sue' for damages etc however only until the s10 introduction has this been possible by 'serving' military personell against the crown.
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