HEALTH AND SAFETY

THE MINISTRY OF JUSTICE
Corporate Manslaughter and Corporate Homicide Act 2007 THE CORPORATE MANSLAUGHTER ACT DO YOU KNOW HOW IT AFFECTS YOU PLEASE USE THE LINK BELOW TO ASSIST YOU IN RESEARCHING THIS LEGAL INFORMATION http://www.justice.gov.uk/publications/corporatemanslaughter2007.htm

THE MINISTRY OF JUSTICE

Corporate Manslaughter and Corporate Homicide Act 2007

THE CORPORATE MANSLAUGHTER ACT DO YOU KNOW HOW IT AFFECTS YOU PLEASE USE THE LINK BELOW TO ASSIST YOU IN RESEARCHING THIS LEGAL INFORMATION

http://www.justice.gov.uk/publications/corporatemanslaughter2007.htm


New Information The Health & Safety (Offences) Act, Which increases the penalties for health and safety crimes, comes into force this month. 16th JANUARY 2009 The Act amends section 33 of the Health and Safety at Work, Act 1974, raising the maximum fine that may be imposed by the lower courts from £5000 to £20,000 for most health and safety offences. It also makes imprisonment an option for more offences in both lower and higher courts. By extending the £20,000 maximum fine to the lower courts and making improsionment an option, more cases will be resolved in the lower courts, and justice will be faster, less costly and more efficient. In view of the present financial climate most companies would not wish to find themselves in this situation. But in the same breath companies will further cut training budgets to save cash flow however this may have the opposite effect if operators of machinery and equipment lose out on adequate training. So our reccomendation would be to continue to ensure all staff and health and safety training is maintained training costs in comparison to substantial fines for failing to maintain training standards is meagre. Is it wise to COMPROMISE safety against cost can you afford to put a price on someones life accidents dont just happen they are caused one of the main causes in the workplace today is lack of suitable or adequate training.

New Information

The Health & Safety (Offences) Act, Which increases the penalties for health and safety crimes, comes into force this month. 16th JANUARY 2009

The Act amends section 33 of the Health and Safety at Work, Act 1974, raising the maximum fine that may be imposed by the lower courts from £5000 to £20,000 for most health and safety offences. It also makes imprisonment an option for more offences in both lower and higher courts. By extending the £20,000 maximum fine to the lower courts and making improsionment an option, more cases will be resolved in the lower courts, and justice will be faster, less costly and more efficient.

In view of the present financial climate most companies would not wish to find themselves in this situation. But in the same breath companies will further cut training budgets to save cash flow however this may have the opposite effect if operators of machinery and equipment lose out on adequate training.

So our reccomendation would be to continue to ensure all staff and health and safety training is maintained training costs in comparison to substantial fines for failing to maintain training standards is meagre. Is it wise to COMPROMISE safety against cost can you afford to put a price on someones life accidents dont just happen they are caused one of the main causes in the workplace today is lack of suitable or adequate training.

CERTIFICATION EXPIRY DATES
It is ITSSAR's policy not to recommend any fixed period for the validity of an operator's certificate of training. The reasoning behind this policy is that humans are extremely variable, as are the circumstances of their daily lives. Some operators use their trucks every day through a full working day. Others may use a truck as part of their work activities and many only operate one very occasionally. Some do not use a tuck at all after obtaining a certificate of training. IT would not only be unfair to require everyone to be retested after a fixed time; it would also allow people grossly out of practice to be in charge of a potentially dangerous machine. In view of the above ITSSAR does not include a re-test date on its certificates or ID Cards and does not suggest or condone such a practice. If your certificates or ID Cards carry a re-test date, then you are not meeting ITSSAR’s requirements and should remove it from all future documents. However, you are reminded that it remains the responsibility of each employer to ensure the continued competence of its employees (See HSC’s Approved Code of Practice & HSG 136 (page 50 Para 651)) and to keep dated records of their training including refresher training.

CERTIFICATION EXPIRY DATES

It is ITSSAR's policy not to recommend any fixed period for the validity of an operator's certificate of training. The reasoning behind this policy is that humans are extremely variable, as are the circumstances of their daily lives. Some operators use their trucks every day through a full working day. Others may use a truck as part of their work activities and many only operate one very occasionally. Some do not use a tuck at all after obtaining a certificate of training. IT would not only be unfair to require everyone to be retested after a fixed time; it would also allow people grossly out of practice to be in charge of a potentially dangerous machine.

In view of the above ITSSAR does not include a re-test date on its certificates or ID Cards and does not suggest or condone such a practice.

If your certificates or ID Cards carry a re-test date, then you are not meeting ITSSAR’s requirements and should remove it from all future documents.

However, you are reminded that it remains the responsibility of each employer to ensure the continued competence of its employees (See HSC’s Approved Code of Practice & HSG 136 (page 50 Para 651)) and to keep dated records of their training including refresher training.

HEALTH AND SAFETY WEB SITE
www.hse.gov.uk

HEALTH AND SAFETY WEB SITE