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Posted By Al Beevers
Does anyone know of any improvement notices or prosecutions by the HSE for not consulting with employees?
Particularly if this was the only/main reason for enforcement action.
Thanks,
Al.
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Rank: Guest
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Posted By ddraigice
It is doubtful whether this issue would result in anything other than an improvement notice unless it formed part of the investigation into an accident - in which case it would be alongside other breaches.
The reason for this is that HSE only prosecutes where there has been a risk to persons (although not exclusively before I get my head bitten off!) and like other paper based issues (such as lack of compliance with CDM) this will normally be a notice unless there has been a fair history of ignoring advice.
Check PR database on HSE's website but don't think there'll be any - there are loads of notices though.
Check under The Health & Safety (Consultation with Employment) 1996
and Safety Reps and Safety Committee Regs 1977.
There's a few on there too. Oh, and CDM Reg 18 HSW section 2 and 3 has the general duty- but I dont suggest you search on this one!
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Rank: Guest
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Posted By John Murgatroyd
Looking at the history of HSE prosecutions it seems that they only prosecute where there has already been injury or death, and rarely otherwise.
If you add-in a chance of publicity, you'll find they lead with action then.
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Rank: Guest
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Posted By Dave Jackson
Al
Why not consult with your employees>
They are not all useless idiots, many have good ideas. From reading many posts on this forum I notice that many of you suffer at the hands of senior management, not allowing you to do your jobs properly. An employee can help you develop safe working procedures and practices, they understand the possible pitfalls of any system you may put in place. Go on, try it, you may be surprised.
Dave
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Rank: Guest
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Posted By ddraigice
John, I'm sure your comments about HSE seeking publicity were not meant to be disparaging at all. One of the main aims of a prosecution is to publicise the breach and highlight to others the need for compliance. But as you've said they only do this where there has been an accident or as a result of an inspection where a breach could have led to an injury. No time to do anything else!
Publicity is something that is taken into account after a PR has been approved and not a driving force in the mind of an inspector. The main driving forces being:
Is there a breach
Is there evidence of that breach
Does it fall within the public interest to pr?
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