Rank: Super forum user 
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I cannot remember an example of a piece of case law relating to S:9 of HSWA - can anybody help me with one?
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Rank: Super forum user 
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bob youel wrote:
I cannot remember an example of a piece of case law relating to S:9 of HSWA - can anybody help me with one?
isn't it something about Tesco or Somerfield and shoes? I am not looking at NEBOSH notes for a whole week so that's the best I can do for now :)
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Rank: Super forum user
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Bob. No case law that comes to mind, but details of an Improvement Notice at http://www.hse.gov.uk/no...p?SF=CN&SV=300353591Possible lack of understanding by the Inspector - unless protective footwear SPECIFICALLY required - which I doubt, since e.g Foundries requirement long since revoked by the PPE Regs. Seasons greetings, Peter
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Rank: Super forum user 
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Bob
Have you tried using the HSE prosecutions database? Just 'drill down' on HASAWA S 9
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Rank: Forum user 
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Bob hope this helps
Associated Dairies Ltd. v Hartley [1979] IRLR 171 PPE free of charge to employee’s
Associated Dairies (in Grimsby) provided a means by which employees could purchase safety shoes at cost price (£8-10).
An inspector issued an improvement notice requiring the company to ensure that all employees involved with the handling of hydraulic trolley jacks, which could cause serious injury to an unprotected foot, be issued with safety shoes free of charge.
The notice was cancelled by the tribunal.
The opinion was held that Section 9 was not relevant as it applied only to specific requirements in the relevant statutory provisions and not to the general requirements of the Act such as that in section 2.
Regards
Tim Briggs
IOSH Mentor Champion
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Rank: Super forum user
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thanks all; the area I was specificially looking for was training but PPE is a good example
I have been talking with the HSE enforcement case specialists and even they are somewhat stumped for enforcement cases where staff are trained in their own time e.g. they come in on their days off etc and attend training at that time for which there is no pay
I have now sorted it but finding written evidance is not possible in the short time that I had
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Rank: Forum user
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Training is a requirement of Section 2 of HSWA i.e. information, instruction, training and supervision.
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