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Prosecution of Health and Safety Advisers / Managers
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Posted By Leslie I am a H&S Adviser working for a non-for-profit company that offers health and safety advice to SME's.
I have become increasing concerned about health and safety professions being prosecuted and am trying to collate information on such cases.
I am aware of the recent case (as appeared in Connect) but would like to obtain further information on earlier cases.
PLEASE do not quote the names of anyone involved in current of very recent cases.
I remember one from 2002,involving fatty arbuckles and seem to recall a safety manager being prosecuted for failure to carry out a suitable and sufficient coshh assessment on a woodworking machine.
Thanks in advance
Leslie
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Posted By peter gotch 1 Leslie, The HSE prosecutions database shows the successful prosecutions against individuals in the last 5 years. www.hse.gov.uk/prosecutionsSearch [Breaches rather than Cases] will demonstrate that there have been VERY few prosecutions against individuals under Sections 7 or 36 of the HSWA whether involving H&S advisers or anyone else. SO if you are doing your job to your ability, I would not get particularly worried. If you are put into a position where you are outside your comfort zone, someone should be mentoring and monitoring, which failing any breach is going to be at a level above you. Of course, you may need to explain that certain work packages need expertise and experience that you do not possess. Less than 1 month from having 30 years in this game, I still regularly say "No, I am not competent to do that" - most recently when asked to be a HAZOP Chair - Secreatriat or Team Member would not have been an issue. Regards, Peter
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Posted By Bob Youel L Listen to Peter as its very good advice
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Posted By Tina Weadick Hi Leslie, SHP endeavours to report on all court cases involving prosecutions of H&S advisors/managers/consultants - in fact, we have a report on our website (shponline.co.uk) right now about a consultant who was prosecuted recently, entitled 'Poor advice lands consultant in dock'. For other reports, try searching the site - our court archive goes back four years.
Tina - SHP editor
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Posted By FAH Hi Y'all
May I point out that the article on the current H&S adviser prosecution topic in the SHP is far more informative & less scare-mongering than the majority of other versions going the rounds. Consequently, it's well worth a read [assuming that you've got a current copy of the SHP - see other Forum threads].
To be honest, on the limited info provided, it appears that it may be a repeat of the Fatty Arbuckle situation and the enforcers comment then actually appears to have some relevance.
Tina, would it be possible to see this compared to the Fatty Arbuckle case in the near future by one of the SHP contributors please?
Frank Hallett
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