Health & Safety: profiting from misadventure?

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A topic from Work & Money: Managing Your Own Business

mart2929Thu 03/07/08 12:17

If you've ever wondered why your employer asks you to sign a declaration that you've read tonnes and tonnes of pages of documentation every year (most of which seldom changes), here's a case that helps to explain why they should force you to read it and sign an oath that you have.

An agency employee of a coachbuilder* died as he fell from a roof (of a refridgeration unit under construction) during an attempt to collect a football.

http://www.nurs.co.uk/news/articles/cms/1215007829212694732749_1.htm

One has to wonder what sort of defence the employer could possibly have had against an employee who, on the face of it, was on a "frolic on his own". In prior HSE prosecutions, taking orders/advice from others did not diminish own responsibility, but in this case that principle appears to have been suspended.

The quoted comments from the HSE inspector are really very sinister.

So there you go. As an employer, you are damned if you do and damned if you don't. You cannot win against the stupidity of your own employees (or somebody else's) and the diabolical scheming of the opportunistic HSE. All you can do is make sure your insurance covers the costs of these sorts of things and hope for the best.

* http://goliath.ecnext.com/coms2/product-compint-0000771879-page.html

The HSE's own summary: http://www.hse.gov.uk/prosecutions/case/case_details.asp?SF=CN&SV=4035681

keithyThu 03/07/08 12:25

Reading the actual details, rather than your usual anti-HS&E bias, it is pretty obvious that the company WAS significantly at fault.
For example, they did not do anything to ensure that access to the roof was restricted.
They did nothing to secure dangerous areas on the roof.
They did nothing to even highlight dangerous areas.

As a direct result of the company's negligence, the 16 year old died.

To quote from the article -

""The dangers of fragile roofs are not always apparent, so access routes to roofs should be appropriately marked. Additionally, access to the roof should be restricted to employees and contractors with adequate knowledge and training in working at height."

Following the incident the company was served with an improvement notice requiring prominent warning notices saying that the roof was fragile, to be displayed.

Regulation 8 (1)(c) of the Management of Health and Safety at Work Regulations 1999, states: "Every employer shall ensure that none of his employees has access to any area occupied by him to which it is necessary to restrict access on grounds of health and safety unless the employee concerned has received adequate health and safety instruction.""

johnandsurajThu 03/07/08 12:30

There seems to be a growing trend with this government, if they are out to get you, they will get you one way or another

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