Welcome Guest! The IOSH forums are a free resource to both members and non-members. Login or register to use them

Postings made by forum users are personal opinions. IOSH is not responsible for the content or accuracy of any of the information contained in forum postings. Please carefully consider any advice you receive.

Notification

Icon
Error

Options
Go to last post Go to first unread
RayRapp  
#1 Posted : 15 June 2010 21:02:26(UTC)
Rank: Super forum user
RayRapp

Whilst reading an online article I noticed a recent case of two self-employed roofers who were working on a domestic property and prosecuted by the HSE for unsafe working. This is an interesting development although I am not claiming it to be the first of its kind. The article states that both contractors admitted breaching Regulation 6(3) of WAH 2005 and fined £450 plus prosecution costs - presumably much greater than the paltry fine. More interesting is the response from the HSE Inspector, who said: “We will always seek to take enforcement action where we find poor safety standards in roof work. In this case, not only were the defendants putting themselves at risk but they were gaining an economic advantage over those who work safely." Are the HSE now taking the moral high ground I wonder? Could say a lot more about this case but I prefer to seek your views first. Full article at: http://www.ppconstructio...lf-employed-contractors/ Ray
firesafety101  
#2 Posted : 15 June 2010 21:51:15(UTC)
Rank: Super forum user
firesafety101

Excellent !
firesafety101  
#3 Posted : 15 June 2010 22:06:31(UTC)
Rank: Super forum user
firesafety101

ChrisBurns wrote:
Excellent !
I've changed my mind, not really very good, the fine is probable less than the cost of the preparing documentation necessary to comply with current regs. Similar to a fine for driving with no insurance is less than the cost of insurance. The law, as they say, is an ass!
RayRapp  
#4 Posted : 17 June 2010 10:02:58(UTC)
Rank: Super forum user
RayRapp

Is the case not worthy of a few comments? Never mind, my next thread will be the effect of paper cuts on industry.
Safety Smurf  
#5 Posted : 17 June 2010 10:14:57(UTC)
Rank: Super forum user
Safety Smurf

The fine may have been low because it might have been a test case to set precedence.
RayRapp  
#6 Posted : 17 June 2010 11:11:28(UTC)
Rank: Super forum user
RayRapp

I would have thought the principal issues were the HSE prosecuting two self-employed workers on a domestic project, the HSE referring to the moral issue of costs associated with health and safety interventions, as well as the frugal fine imposed by the court; which suggests that they did not think it was a serious breach of the law.
Dazzling Puddock  
#7 Posted : 17 June 2010 11:41:09(UTC)
Rank: Forum user
Dazzling Puddock

It is about time that the HSE spent a bit more time hammering these small time cowboys as well as larger companies that at least make an effort to comply with the law! I do not agree that the breach was not deemed serious because a low penalty was imposed, judges are a law unto themselves (literally) and in many cases I have personally been involved in, the penalties handed out are completely arbitrary!
Nick House  
#8 Posted : 17 June 2010 12:02:46(UTC)
Rank: Guest
Guest

In actual fact, the fines were £200 each, plus costs of £250 each. http://www.hse.gov.uk/pr...en/14-jun-2010&cr=13
Nick House  
#9 Posted : 17 June 2010 12:05:37(UTC)
Rank: Guest
Guest

As previously stated, IMHO, even though both pleaded guilty, the fines should have been higher to act as some form of deterrent. Self employed contractor working ona day rate of say, for example, £200. The whole thing has cost each person just over 2 days pay. Hardly a deterrent is it. Discuss...
RayRapp  
#10 Posted : 17 June 2010 12:12:46(UTC)
Rank: Super forum user
RayRapp

Nick, thanks for clarifying the fine and costs, it makes it even more pathetic. Little wonder if the HSE decided it was not worth the time and trouble to bring this type of case to court again. It does also beg the question whether individuals should be prosecuted for endangering their own health and safety. After all, employees rarely get prosecuted and only following a serious incident, which is not the case here.
Dazzling Puddock  
#11 Posted : 17 June 2010 12:29:12(UTC)
Rank: Forum user
Dazzling Puddock

Ray, I do not know where you are getting the idea that the HSE is not going to prosecute similar cases? The opposite is in fact true, your own quoted source says the the HSE are going to carry out more reactive and pro active work on small contractors IE prosecutions and inspections!
RayRapp  
#12 Posted : 17 June 2010 12:36:04(UTC)
Rank: Super forum user
RayRapp

Dazzling It was a rhetorical thingy I was making and not stating a fact...do keep up :)
Users browsing this topic
Guest
You cannot post new topics in this forum.
You cannot reply to topics in this forum.
You cannot delete your posts in this forum.
You cannot edit your posts in this forum.
You cannot create polls in this forum.
You cannot vote in polls in this forum.