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#1 Posted : 02 March 2007 18:36:00(UTC)
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Posted By Crim A Scenario for the weekend: A member of the group is asked for advice by a friend/client, The member realises this is out of his normal area of competence so he asks for advice by posting a thread on this forum, He receives advice in this forum from a few other members, He takes the advice to his friend/client, The friend/client accepts the advice and passes it on to the workforce, A worker suffers an accident, directly due to the advice received, The worker sues the friend/client who bounces the claim back to the original poster, The original poster claims he received bad advice from the IOSH discussion forum which is run by IOSH.
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#2 Posted : 02 March 2007 19:29:00(UTC)
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Posted By Adrian Watson No, neither IOSH nor the poster are liable. I however would still give the same advice if you were employing me as a contractor. In which case I would be liable. Regards Adrian
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#3 Posted : 02 March 2007 19:38:00(UTC)
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Posted By Crim Thanks Adrian, What is the difference - is it because you would be employed and paid for the advice? or is it because this type of forum is exempt?
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#4 Posted : 03 March 2007 08:28:00(UTC)
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Posted By Adrian Watson Both. As an employee or consultant, there is a contractual relationship. This relationship makes both parties liable for acts, defaults and errors relating to the contract. In respect of the forum, I am no more than the man in the pub. As such I am not liable for any advice. You act upon it at your own risk! There is case law to that effect, but I do not have the reference at the moment. Regards Adrian
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#5 Posted : 03 March 2007 09:01:00(UTC)
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Posted By Adrian Watson Both. As an employee or consultant, there is a contractual relationship. This relationship makes both parties liable for acts, defaults and errors relating to the contract. In respect of the forum, I am no more liable than the man in the pub as you act upon it at your own risk! There is case law to that effect, but I do not have the reference at the moment. Regards Adrian
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#6 Posted : 03 March 2007 10:15:00(UTC)
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Posted By Crim Thanks Adrian, the case law would be useful but no hurry.
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#7 Posted : 03 March 2007 12:29:00(UTC)
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Posted By Jay Joshi refer to the terms of use of the IOSH website, including the discussion forums http://www.iosh.co.uk/index.cfm?go=site.terms
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#8 Posted : 04 March 2007 19:32:00(UTC)
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Posted By Raymond Rapp Crim For a claim to succeed the claimant must prove that they were owed a duty of care amongst other things. Therefore the claim would fail at the first hurdle because the advice is given freely and with the best intentions. Simple as that. Ray
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#9 Posted : 04 March 2007 23:35:00(UTC)
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Posted By John Hamilton You'd have to question why you'd take advice from a person when you knew nothing about their knowledge, skills or experience to provide such advice. I would suggest that the advice given on a forum such as this offers a starting point for someone to research all the necessary facts surrounding the matter, or take direct expert advice once credentials have been established. The title of the forum after all is 'discussion', not 'advisory'. Regards, John
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#10 Posted : 05 March 2007 09:44:00(UTC)
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Posted By Robert K Lewis There are other issues floating here and where people make known their status on the forum, say as chartered member even if on other postings, then one has to remember that the Code of Conduct can come into effect. It is necessary for all chartered members to be aware that any advice given must be stated from a stance of detailed knowledge, unless clearly stated as speculative. I must admit that I am sometimes aware, as Crim is possibly suggesting, that some advice does tend to be off beam even from those known to be chartered. Bob
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