Health and Safety for Beginners Forums

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

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...

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...

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....

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...

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

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...

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...

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...

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

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...

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