5 July 2004 - Prosecution of Health and Safety Consultant after insufficient Risk Assessments
A company, STD Joinery Ltd., employed a Health and Safety Consultant to do Risk Assessments for their premises in Hook Lancashire, in which the consultant, Christopher Hooper undertook the task of risk assessment of a woodworking machine. Subsequently, an employee who worked the machine, lost the top of his finger, and sustained severe lacerations to other fingers.
Mr Hooper was prosecuted after pleading guilty to breaching S.36(1) of the Health and Safety at work act etc. Act 1974, which states that:
"Where the commission by any person of an offence under any of the relevant statutory provisions is due to the act or default of some other person, that other person shall be guilty of the offence, and a person may be charged with and convicted of the offence by virtue of this subsection whether or not proceedings are taken against the first-mentioned person."
This incident highlights the need to ensure that the competence of health and safety Consultants employed by organisations is adequate for the health and safety of all employees.
Matthew Lee, HM Inspector of Safety and Health commented:
"From a company point of view it as important that if you employ health and safety consultants they are experienced in dealing with your particular industry, and health and safety consultants should ensure that they only undertake work for which that are competent."
Article by Alexandra Johnston
