Workplace Law Network The membership site for UK employers and managers, specialising in employment law, health and safety and premises management
10th Anniversary Facilities Management Legal Update Conference & Gala Dinner
PPA awards Workplace Law business website of the year (paid for)
  • NETWORK
  • TRAINING
  • CONSULTING
  • BOOKSHOP
  • HOME
    • ABOUT MEMBERSHIP
    • ABOUT US
  • LATEST
    • NEWS
    • CASES
    • BRIEFINGS
    • AUDIO
    • EBULLETINS
    • WHAT THE PAPERS SAY
    • NETWORK NEWS
  • INFO CENTRE
    • WHITE PAPERS
    • FACTSHEETS
    • MAGAZINE
    • POLICIES & PROCEDURES
    • SPECIAL REPORTS
    • GUIDES
    • REGULATION FINDER
  • ADVICE CENTRE
    • ONLINE ADVICE
    • TELEPHONE ADVICE
  • FORUMS & GROUPS
    • FORUMS
    • GROUPS
  • MEMBERSHIP
    • MY PROFILE
    • SPECIAL OFFERS
    • MEMBERSHIP STATUS
  • SHOP
  • CONTACT
  • LOG IN
  • or Register now
  • You are here:
  • Network
  • Forums & Groups
  • Forums
  • Opinion

Employee convicted alongside company for health and safety offences

This discussion is about the case Employee convicted alongside company for health and safety offences


Not rated yet
Rate this!
21 Aug 2008 10:12AM

Nigel DuPree
Member - 171 posts

Managers/supervisors let alone employees are going to need some form of insurance underwriting or bond if at risk of litigation along side employers.

No wonder employers finding it increasingly difficult as potential management become more averse to taking on responsibilities of management/supervision roles due to the not insignificant pressure to meet tick-box targets for continual improvement regardless of stress related performance decremation.

I wonder how many managers will now feel at risk of litigation cascading down from company directors who find themselves in court following introduction of Manslaughter legislation ?



Not rated yet
Rate this!
21 Aug 2008 10:50AM

Anne McAllister
Member - 165 posts

Unfortunately Health and Safety Law would not be required if we could all exercise some common sense.
Why leave a machine without a guard ?
It was irresponsible and dangerous.
Health and Safety is everyones business and its not until something like this happens that the penny finally drops.
Yes employers have a duty of care but employees also need to ensure their practice doesnt harm anyone else.



Not rated yet
Rate this!
22 Aug 2008 12:34PM

Craig Stuart
Member - 106 posts

It's not quite as simple as that unfortunately Anne. The article does not go into too much detail, but in my experience employees are placed under pressure on a regular basis and it could well have been the case that he had tried to rectify the situation and had been told there were no funds available; we just do not know.

As to H&S being 'common sense' I think we need to be very careful about using this phrase. It is often used by the right-wing press and employers to avoid obligation (legal and moral) and to rubbish any attenpts to make workpaces safer, using the 'careless worker' approach.

If we investigate fully we find that in the majority of cases there have been management failings and that most accidents are avoidable. I agree that H&S is everyone's business and also agree that employee's need to be made aware that their actions could harm others, but this only achieved by creating a 'safety culture' with good safety management, policies, procedures and training coming from the top of the organisation.





Send me an email-alert when someone comments in this discussion:

YesNo

Please remember that your name and comment will be visible to all users of the Network, and that we may edit or remove comments without notice. Terms and conditions



Disclaimer

The forums are designed as a discussion area for employers and managers to exchange ideas and information, or to ask and answer questions posed by other members of the Workplace Law Network.

Please don't abuse the forums by asking questions about personal issues or by overtly promoting commercial goods and services.

We impose upon all participants the obligation to comply with our terms and conditions» but cannot guarantee that all participants will do so.

Please note that the Workplace Law Network is not able to assert editorial control or ensure moderation over the forum section of the site, and you participate at your own risk.



Breathe commercial interiors
Fully updated for 2009
Upload your image
View my:
  • Profile
  • Downloads
  • Scrapbook
  • Order history

My messages0 (0)Shop

  • Premium membership trial

    7 days instant access to membership with no strings attached.

  • 1 minute tour

    See what the Network has to offer in just 60 seconds.

  • Membership quotamator

    Build your own membership quote online!

  • Recommend membership
  • Print friendly version

AWARDS

  • ppa logo
  • aop logo
  • Absence
  • Accidents at work
  • Alcohol/drugs
  • Asbestos
  • Building regulations
  • Bullying/harassment
  • Business continuity
  • Business regulation
  • Buying and selling property
  • Catering
  • CCTV & employee monitoring
  • Confined spaces
  • Construction
  • Consultation
  • Contract workers
  • Contracts, employment
  • Contracts, facilities management
  • Corporate killing
  • Data protection
  • Directors' responsibilities
  • Disability
  • Disciplinary, Grievance, Dismissal
  • Discrimination
  • Display screen equipment
  • Driving at work
  • Electrical safety
  • Energy management
  • Environment management
  • Fire safety
  • First aid
  • Fleet management
  • Flexible working
  • Fuel storage
  • Gas safety
  • Hazardous substances
  • Health and safety
  • Health, surveillance
  • Height, working at
  • Holidays
  • Homeworking
  • Human resources
  • Human rights
  • Insurance
  • Intellectual property
  • Internet and email
  • Landlord and tenant
  • Legionella
  • Lighting
  • Lone working
  • Manual handling
  • Maternity, paternity, adoption
  • Minimum wage
  • Money laundering
  • Mothers, new and expectant
  • Nebosh Certificate
  • Noise
  • Outsourcing
  • Parking
  • Pensions and benefits
  • Permits to work
  • Personal protective equipment
  • Pest control
  • Planning procedures
  • Pollution
  • Property management
  • Radiation
  • Rates and revaluation
  • Recruitment and selection
  • Redundancy
  • Security
  • Signage
  • Smoking
  • Stress
  • Trade unions
  • TUPE
  • Vehicles
  • Ventilation, temperature
  • Violence
  • Waste management
  • Welfare facilities
  • Whistleblowing
  • Work equipment
  • Working time
  • About us
  • Privacy policy
  • Contact us
  • Terms and conditions
  • Accessibility
  • Careers
  • Membership
  • Sitemap
  • NEBOSH certificate
Promotion code: None

Valid XHTML 1.0 Transitional

© Copyright Workplace Law Group Ltd 1995-2008