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#1 Posted : 23 November 2006 17:17:00(UTC)
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Posted By RobAnybody
Does anyone know if a H&S adviser/officer/manager has been prosecuted resulting in a prison sentence whether or not that sentence was suspended.
There's a hell of an argument giong on at the mo' in my organisation. The "other" H&S team are absolutley insistent that it will be the head honcho that goes to prison if we screw up & not the good ole' H&S bods.
I really need a case or two to make them see sense & stop slacking off.

Rob
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#2 Posted : 23 November 2006 18:07:00(UTC)
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Posted By Descarte
Mostly it is the director or business owner

But there has been employees convicted eg. 2 years in prison for for the Tebay rail incident for the employee and 9 years for the business owner

See

http://www.corporateacco...er/cases/convcases/2.htm

for convictions and

see

http://www.corporateacco...rg/rb/co/reg_offence.htm

for explanations and further details
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#3 Posted : 24 November 2006 12:33:00(UTC)
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Posted By Diane Thomason
Remember that it depends what the prosecution was for - as Descarte says, people can be jailed for manslaughter, but prison is not an option available to the court for most HSWA offences including Section 7. Very few H&S offences can result in prison, one of the major ones being contravention of a notice (PN or IN.)

Managers and H&S advisers can be and have been fined though, especially under s7.
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#4 Posted : 28 November 2006 17:42:00(UTC)
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Posted By Paulo Dinis
Folks,

an H&S practioner in Spain have been sentence to 08 months of jail time.
Sentence available in Spanish.

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