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Posted By Ken John
Dear All
Wondered if anyone out there new of recent cases where an actual employee was fined after and accident at work. Perhaps an employee who through his own neglect or horseplay has caused injury to himself or in particular someone else.
I appreciate the employer will always have some responsibility, but in various magazines and articles I have read, it has always been the company who has been prosecuted or fined.
Has anyone got any links, places I should look etc.
Thanks in advance.
Ken
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Posted By Robert K Lewis
The most recent instance I can think of immediately was a prosecutiion on 6 construction operatives and a supervisor in Wales/North Wales Border. It was actually for the riding on mobile plant on a public highway. All were fined. It actually impeded the free passage northwards of a construction inspector out of Wrexham office, he was stuck close to the front of the ensuing traffic queue. The five additional people were trying to act as counterweight to the load hung on the bucket of a rubber duck. He recounts it still with some pleasure. I think it was about 2003.
Bob
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Posted By ddraigice
Good old H. Do you know him Bob?
I cant think of any prosecutions where individuals are fined for their own wrong doing. Although there may be the odd one or two where their actions caused injury to others, generally HSE will not take a case against an individual who has already suffered pain and suffering. It wouldnt pass the public interest test and the magistrates would take a dim view.
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Posted By Julian Wilkinson
One case that I am aware of was where a person was charged by an EHO under Sec 7 HSWA as they decided it was fun to pull a chair away from underneath someone as they were about to sit down. The incident was reportable as the injured person suffered spinal injury which led to being off work for sometime.
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Posted By Emyr Evans
got cut off
section 7 breaches:
2003 - 1 case
2004 - 1 case
2005 - 5 cases
2006 - 14 cases
2007 - 8 cases
fines are creeping up - highest is £15000
average this year ~£2,000
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Posted By mike.mcdonnell
Purkiss - v - Parkes if my memory serves me well was a case of a school teacher who put himself and students in hospital when a science experiment went wrong
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Posted By FJ
Wasn't someone done a couple of months ago for mucking about with a forklift (and someone got hurt)? I'm sure it was reported in the safety press
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Posted By Ian MacAskill
Surely the "fine" is a move up the disciplinary ladder to unemployment.
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Posted By Ken John
Thanks for the information everyone it is much appreciated.
Ken
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Posted By Raymond Rapp
Ken
I can give you two examples. First, from a web site I came across for the building of the worlds tallest structure - the Burj Dubai. The HSE company had a board at the site itemising fines for procedural irregularities, using non-approved tools, causing an accident etc for employees. I kid you not and to prove it I have a photo of the said notice board.
The second case is rather more subtle. A former employer when disciplining employees (train drivers) for say SPADs often reduced them to a much lower grade. Therefore they would automatically receive a cut in salary. This cut in salary was quite substantial and could be as much as £10,000 per annun. Usual sanction for a SPAD related 'ofence' was two years. Then re-qualify and continue as a driver again but 20K out of pocket - nice caring company!
Regards
Ray
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