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Posted By jess33
If anyone not watching the England football match would be so kind as to help me understand Sections 36 & 37 of HSAWA...
Total hypothetical scenario...
An employee on the shop undertakes a lifting activity (over head crane) and he is seriously injured or heaven forbid fatally injured.
It is later found that their is no risk assessment and SSOW for the task which was being undertaken. Plant Manager aware of his responsibilities, procedures outlining responsibilities in place risk assessment to be carried out by line manager in conjunction with persons undertaking lifting activity. Training given but still no risk assessment of SSOW.
Shop floor employee has a history of serious near misses and unsafe behaviour, evidence to show Plant Manager gave numerous "telling off" but nothing formal.
Lets complicate matters further, Director aware of all of the above facts.
Aside from the morale duty and MHSAW Regs, Section 2 HSAWA, LOLER etc...would I be correct in thinking Section 37 would apply to the Director and Section 36 & 37 to the Plant Manager?.
Any help appreciated
Jess
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Posted By Raymond Rapp Jess Wow you don't ask simple or short questions do you! In principle you are correct with your assertions. However circumstances dictate, for example, s8 and s36 of HSWA both could be invoked on an individual, whereas s37 applies to a person in authority. For s37 to apply an offence must have been committed by a body corporate, the offence has been committed with the consent or connivance...and the accused is a director, manager or other senior officer of the company. Refer to the following for further info: http://www.hse.gov.uk/enforce/index.htmRay
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Posted By SteveD-M
There was a case a few years back very similar circumstances..
Guy was a cylinder filler with BOC numerous risky acts failing by management etc. The guy was killed filling a cylinder when he didn't carry out the right checks.
Resulted in a corporate manslaughter prosecution and £200K fine.
Judge also remarked on the risk assessment process not being suitable and sufficient...Got me my first risk assessment project!!
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Posted By steven bentham
Jess
Perhaps you don't need to worry about what Sections of the Act may or may not apply. At the end of the day the HSE and the Courts will work this out without any help.
But you could try look at whats not working and a strategy for fixing potential problems!
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Posted By SteveD-M
Jess
Sorry just thought that case may be of use to you.
Yes s36/37 for Plant Manager and S37 for Director. However you may also look toward S7 for any supervisor or team leader involved in the employees direct supervision.
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