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#1 Posted : 01 October 2009 09:26:00(UTC)
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Posted By Raymond Rapp A number of high profile recruitment firms have been given huge fines by the OFT for price fixing construction labour. The biggest individual fine was £30.4 million, which is twice the amount for the largest ever fine for a health and safety offence (Transco, Scotland) following the death of a family of four in a gas explosion. Bearing in mind the recent scandal where a construction blacklist was revealed and the maximum fine under the Data Protection Act is a meagre £5,000. I think we have got our priorities seriously confused. Law courts please take note. http://www.cnplus.co.uk/...g-cartel/5208782.article Ray
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#2 Posted : 01 October 2009 09:37:00(UTC)
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Posted By Descarte Even better didnt the OFT give a 100Million+ fine out recently to construction companies for price fixing of jobs they didnt even want to undertake?
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#3 Posted : 01 October 2009 11:45:00(UTC)
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Posted By Jay Joshi The major difference is that health and safety fines do not cater for what is equivalent of "punitive damages" that other commercial/financial fines do--such as anti-competitive behaviour and corruption
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#4 Posted : 01 October 2009 12:15:00(UTC)
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Posted By Raymond Rapp Indeed Jay, but is it morally right? I think not.
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#5 Posted : 01 October 2009 16:52:00(UTC)
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Posted By Pete Chidwick Ray the good news is that one of the companies involved is owned by 'Dragon' James Caan - if that doesn't get some publicity.......... http://uk.news.yahoo.com...rs-fined-40-45dbed5.html Pete
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#6 Posted : 02 October 2009 11:32:00(UTC)
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Posted By Kieran J Duignan Ray I wonder why you observe 'Law courts please take note.', as they operate within the constraints of laws and regulations passed by parliament. If you believe that finalty penalties for companies and individuals who harm or kill others at work should be increased more or less significantly, surely it is members of the Commons and the Lords you need to influence. Keith Hill, the (Labour) MP whose Bill secured increases in fines with the Act that came into force last January, brought to a successful close a campaign that had failed to achieve its goal five times before. The problem is he's standing down at the end of this parliament. In his absence, if your email marks the start of a campaign to make sanctions for injuries, illnesses and death fit negligent actions and decisions, can you present a list of parliamentary candidates for the next election who are most likely to advance the cause you highlight, please?
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#7 Posted : 03 October 2009 09:11:00(UTC)
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Posted By Raymond Rapp Kieran My comment re 'Law courts please take note' was a general comment. I understand the courts are restricted with the penalties they can mete out, but in many cases they do not come close to the maximum penalty. It is no good having laws and guidance if the judges do not apply it in a meaningful and punitive way. It appears to me that as a rule h&s offences are considered as minor offences by the judiciary. The rare exception is when there is a fatality. However, most of these are one-offs and therefore the company and individuals do not get the benefit of corrective punishment. It can also be seen from other jurisdictions such as financial, business and even environmental, that the fines are significantly higher for these offences than for h&s failures. Furthermore, in recent times many large organisations and their complicit directors have not been properly penalised for safety failures. In the main this is due to a woeful common law (corporate) manslaughter law. It remains to be seen if the new CM&CH Act will fill the void, but I have my doubts. Ray
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#8 Posted : 03 October 2009 11:12:00(UTC)
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Posted By Jay Joshi Although there have been a limited number of cases when the judiciary has not sensibly applied the quantum of the fine during sentencing, it is my understanding that in a majority of cases, they apply the sentencing guidelines fairly. Sentencing also has to take into consideration mitigating factors, despite the defendant pleading guilty. We get information of the fines etc. from the safety press that emphasises the breaches and will not state whether there were any mitigating factors. I presume that the copy of the judgement would provide a further insight into mitigating factors etc. I also very much doubt that in countries where punitive damages exist, their health and safety record is any better than ours or the large companies behave any better.
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#9 Posted : 03 October 2009 12:29:00(UTC)
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Posted By Kieran J Duignan Australia is a country where much, much, much higher H & S penalties on individuals as well as organisations are associated with tougher policing in health and safety. This may not be due to direct cause-and-effect but through systemic interactions between higher expectations, lively interest in education and training and professional institutes in safety and ergonomics thrusting to raise the bar through accreditation. In the UK (and the Republic of Ireland), canny solicitors look for discrimination grounds to progress a claim associated with safety, as the level of redress is significantly higher.
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