In short, yes.
The breach is the issue and it will be put through HSE's Enforcement Management Model (EMM) and a prosecution may well be indicated depending on the standards observed.
ATB Otto
Search found 1510 matches
- Wed Nov 17, 2021 12:18 pm
- Forum: General Discussion
- Topic: HSE Enforcement Action Question
- Replies: 3
- Views: 1154
- Sat Jul 17, 2021 11:29 am
- Forum: General Discussion
- Topic: Risk assessment - how to get it right all the time?
- Replies: 14
- Views: 4369
Re: Risk assessment - how to get it right all the time?
You're not going to get it right all the time, in fact it's difficult to get it right some of the time. There are fundamental flaws inherent to the process unless you're using quantitative RAs with known failure rates, the flaws mostly centre around risk perception as qualitative RAs with matrices a...
- Mon Apr 12, 2021 6:30 pm
- Forum: General Discussion
- Topic: Report or not to report
- Replies: 6
- Views: 2874
Re: Report or not to report
HSE will investigate complaints where the complainant is anonymous as long as you let them have your name. The inspectors know that they cannot divulge complainant details when anonymity is requested. To get on the radar you will need to have strong evidence (including photographs) of potentially li...
- Wed Apr 07, 2021 10:16 am
- Forum: General Discussion
- Topic: Asbestos discovery
- Replies: 4
- Views: 1729
Re: Asbestos discovery
As long as the asbestos (ACM), assuming it is ACM, hasn't been disturbed you are currently doing the right thing. Use it as a learning experience and publicise the fact that the engineer did the correct thing. If the ACM has been disturbed, it's RIDDOR reportable under Para 27, part 2 of schedule 2....
- Tue Mar 23, 2021 6:53 pm
- Forum: General Discussion
- Topic: Accident on site your views?
- Replies: 9
- Views: 4103
Re: Accident on site your views?
Hi Jack, The PNs you've referred to specifically deal with throwing objects from height , Reg 10(3) WAHR 2005 specifically refers to this which is what the notices have been served under (as well as HASAW). With regards to the incident above the thrown object is on the same level so the notices woul...
- Fri Apr 05, 2013 2:40 pm
- Forum: General Discussion
- Topic: accidents investigation course
- Replies: 4
- Views: 3263
Re: accidents investigation course
I would recommend a course from the Institute of Industrial Accident Investigators - excellent courses and internationally recognised.
http://www.iiai.org.uk/" onclick="window.open(this.href);return false;
ATB Otto
http://www.iiai.org.uk/" onclick="window.open(this.href);return false;
ATB Otto
- Thu Apr 04, 2013 1:33 pm
- Forum: General Discussion
- Topic: This Copper is taking the Mick!
- Replies: 16
- Views: 8545
Re: This Copper is taking the Mick!
However well intentioned, the Police do not always get it right: HSE v David Micklethwaite and Thames Valley Police PC Micklethwaite, a police firearms instructor with Thames Valley Police (TVP), was conducting basic firearms awareness training on 30 May 2007 with new civilian police control room st...
- Thu Jan 31, 2013 9:29 am
- Forum: General Discussion
- Topic: After Hours of work Injury
- Replies: 24
- Views: 11512
Re: After Hours of work Injury
If this is reported to the HSE it will almost certainly trigger a visit - the injury is a major injury and as has correctly been stated woodworking is a priority sector for the HSE. The company are completely in the wrong here - even if the incident was "out of hours" the company has so fa...
- Wed Dec 19, 2012 2:30 pm
- Forum: General Discussion
- Topic: Inspections and FFI
- Replies: 43
- Views: 46983
Re: Inspections and FFI
An HSE inspector has the power to do the following - verbal advice - not chargeable under FFI - written advice - either a letter or "Notice of Contravention" which is chargeable under FFI if it relates to a material breach, Improvement Notice - usually chargeable under FFI and a Prohibitio...
- Sat Jun 30, 2012 3:26 pm
- Forum: General Discussion
- Topic: Legal Status
- Replies: 5
- Views: 4415
Re: Legal Status
They are not going to scrap ACoPs - they will probably just take the guidance sections out and probably publish it seperately. The ACoP will still exist in all liklihood - the HSE are just trying to do away with the gold plating.
ATB
Otto
ATB
Otto
- Fri Jun 29, 2012 11:08 pm
- Forum: General Discussion
- Topic: Legal Status
- Replies: 5
- Views: 4415
Re: Legal Status
Depends on what you had in mind - the example that you have used doesn't really have an equivalent BS EN as far as I know. BS EN 31010:2010 is close (cost over £200 compared to free). The IRM also publish some stuff - the reality is that most of this is company (financial) risk management rather tha...
- Fri Jun 29, 2012 5:02 pm
- Forum: General Discussion
- Topic: Legal Status
- Replies: 5
- Views: 4415
Re: Legal Status
Another way to think of it is that the enforcing authorities would use the ACoP to prove that you hadn't complied.
If you can prove that you have acted in accordance with an ACoP is it likely that you will end up in court?
Otto
If you can prove that you have acted in accordance with an ACoP is it likely that you will end up in court?
Otto