Image

Hi, I'm new and I have a Law question

Post all your health and safety law questions in here, whether it's case law, general law, individual Acts or Regulations you are challenged with, we are all here to help.

Moderator: Moderators

Post Reply
jim2069
Newbie
Newbie
Posts: 1
Joined: Sat Nov 06, 2021 6:22 pm
2

Hi, I'm new and I have a Law question

Post by jim2069 »

Hi all,

I'm new and would love some help answering a few questions.

HSAWA Section 36
I can't seem to get my head around this, but from what I can gather if a supervisor says a worker is to work on a roof and then that worker injurs himself then the supervisor is liable? Is that right? It's the whole person a and person b thing that confuses me i think.

Whilst on that note why wouldnt the courts just go down the whole section 7 route of the HSAWA?

Next question evolves around punishments...
I know under the sentencing guidelines a director can be fined (unlimited) and go to jail for up to 2 years (depends summary/indictable offence). But what about an individual. does he come under the same guidelines?

Also 36 and 37, why not just use section 33? I'm a bit lost and I just need tidying up lol

Any help will be greatly appreciated.
User avatar
Alexis
Official HSfB Legend
Official HSfB Legend
Posts: 48978
Joined: Thu Mar 18, 2004 10:52 am
20
Twitter: https://twitter.com/AlexisHSfB
Location: West Lothian
Has thanked: 3020 times
Been thanked: 353 times
Contact:

Re: Hi, I'm new and I have a Law question

Post by Alexis »

jim2069 wrote: Sat Nov 06, 2021 6:34 pm Hi all,

I'm new and would love some help answering a few questions.

HSAWA Section 36
I can't seem to get my head around this, but from what I can gather if a supervisor says a worker is to work on a roof and then that worker injurs himself then the supervisor is liable? Is that right? It's the whole person a and person b thing that confuses me i think.

Whilst on that note why wouldnt the courts just go down the whole section 7 route of the HSAWA?

Next question evolves around punishments...
I know under the sentencing guidelines a director can be fined (unlimited) and go to jail for up to 2 years (depends summary/indictable offence). But what about an individual. does he come under the same guidelines?

Also 36 and 37, why not just use section 33? I'm a bit lost and I just need tidying up lol

Any help will be greatly appreciated.
Hi there Jim and welcome to HSfB and the joys of H&S. :lol: :wave:

In reply to your first part: It is not as clear cut as the Supervisor being liable. Many other factors will come into the equation ie:

1 Employers must have things in place to keep their employees safe whilst at work as you know. If that employer sets out procedures on how to do that work safely, but does not provide correct training to the individual told to do the task by the Supervisor and an accident occurs, then the Employer is responsible in the first instance as no training was given.

2 If, however, the worker has had training on his tasks and did not follow procedure in accordance with his training and perhaps removed a guard from a piece of machinery and loses his hand/arm etc., then the worker is also responsible. Remember the worker also has a duty to himself and others.

The simple answer as to your question on why not just prosecute under Section 33 is that Sections 36 and 37 deal specifically with Employers and Employees. The various specific ranges between Sections 8 to 36 (not just Section 33) can then allow cases to be taken against people who didn't commit any wrongdoing of the original offence but who actually did "cause" the offence and includes all parties, such as Worker, Employer, members of the public or even local authorities.

An example could be vandalism, LA worker repairing something, contractor not following RA etc. etc.

I hope some of this helps your understanding.

We have a very old post that many many of our members have used in the past that may help with all the different sections of HSWA for the management paper. KEEP IN MIND THIS IS AN OLD VERSION PLEASE. viewtopic.php?f=2&t=6133

We also have our main site dowloads with excellent flash cards etc kindly given to us for free publication by our amazing members. https://www.healthandsafetytips.co.uk/NEBOSH-Specific

Good luck Jim.

Look forward to hearing how you are getting on with your study. .salut
"A candle loses none of its light by lighting another candle."

Image

Hundreds of FREE Health & Safety Downloads Here
Post Reply

 

Access Croner-i Navigate Safety-Lite here for free

HSfB Facebook Group Follow us on Twitter Find us on Facebook Find us on on LinkedIn

Terms of Use Privacy Policy