Health & Safety

Poor Health & Safety Management

The prosecution of employees surfaces as an issue from time to time, on chat forums and related websites. The reality is that the Health and Safety Executive (HSE) does take action against employees, but generally only in extreme circumstances.

A section of the Health and Safety at Work Act that sets out the duties of employees. However, the truth is that there are many more situations where the employer's duties, or more realistic a employer's failure to discharge such duties, is likely to trigger a prosecution.

HSE will generally only take action where there is evidence that the employee failed to follow established systems of work or to heed warnings and if the offence created an obvious risk.

Case Study 1

A security guard agreed to unload a consignment of cardboard from a lorry using a fork-lift truck. The guard was not trained in the use of such equipment and had been warned by both the security company he worked for and the employer at the premises he was guarding not to use any work equipment on the premises. Whilst off loading pallets of cardboard weighing over 700kg one fell, striking the driver fracturing his pelvis, foot and ribs.

The security guard was fined £260 for failing to take reasonable care of himself and others.

Case Study 2

This case also involved a fork-lift truck. A firm (Company A) on an industrial estate had a fork-lift truck which was fitted with a man-riding cage. Two brothers (aged 18 and 19) employed by a neighbouring firm (Company B) expressed interest in the equipment and were raised 21 feet into the air by the firm's manager. The manager climbed off the fork-lift truck and his place was taken by another employee of company A. This employee reversed the fork-lift truck across the forecourt and then made a sharp turn causing the vehicle to overturn. The brothers received serious injuries, one a broken neck and smashed vertebrae, the other a broken back, broken right femur and dislocation of several toes that were subsequently amputated.

The employee who drove the fork-lift truck was fined £1000.

July 2007