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Posted By joe black
Can someone please give me an idea what kind of breaches may lead to what kind of notices or fines? My line manager has asked me the question, and as I have never been involved in any breaches, and I don't know from reference, I find I can't answer her! Many Thanks, Joe
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Posted By Tony Gladman
Check out the case studies in either IOSH SHP or BSC Safety Management publications
TG
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Posted By Andrew Wilson
Criminal charges are brought by the HSE or Local Authority (depending on who is the enforcing concern)for a breach of either statute e.g. HSWA or regulation. Dependent upon the gravity, as far as I'm aware at present at magistrates court a conviction receives a fine of up to £20,000 and/or imprisonment up to 6 months (although i think this is under reveiw). At Crown court, the fines are unlimited and imprisonment up to 2 years.
I hope this is of some help.
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Posted By Phil Grace
Joe,
I suggest that you have a look at the enforcmeent databases run by the HSE - one for Notices and the other for Prosecutions. You can scroll down the list and get a general idea or use the search/filter facility to see whether specific pieces of legislation lead to Notices or what sort of fines arise from a certain breaches.
Phil
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Posted By Malcolm Hogarth
Best bet to find out details of previous penalties awarded is to vist the HSE website and look under their prosecutions database, it is very informative.
As for the level of fines awarded by the Courts; the procedure is much like fines for other offences and will be based on such things as whether the defendant pleaded guilty or was convicted after a trial, seriousness of the offence, mitigation, individual income, company turnover, previous notices - convictions etc, etc.
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Posted By John Doe
Joe, have a look at s.33 of the Health & Safety at Work Act
This'll give you an idea of what fines can be imposed.
General rule with notices is that imminent danger (i.e. missing guard) would result in a Prohibition. Anything less (e.g. lack of risk aseessment), an Improvemnt notice.
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Posted By Jay Joshi There is a Health and Safety Offences and Penalties 2004/2005 -A Report by the Health and Safety Executive at:- http://www.hse.gov.uk/enforce/off0405/off0405.pdfIt give data on average fines under variuos HASAWA Sections and industry sectors etc As mentioned previously, there is information on the prosecutions & notices databases.
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