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New guidelines for HSE are at odds with existing code
Page 6
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NI Rogue haulage bosses who breach health and safety regulations could be more likely to escape detection following the publication of new enforcement guidelines, say researchers.
The Centre for Corporate Accountability (CCA) says that over the last four years, just 15 company bosses have been convicted for breaching the regulations with only one of these cases directly linked to haulage.
This case resulted in a 13,000 fine after a truck made contact with an overhead power line.
The CCA warns that Health & Safety Executive (HSE) inspectors could end up Ignoring even more offences because the new guidelines encourage them to concentrate on clear-cut cases.
John Halford, an advisor to the CCA on the guidance, says it is normal to gather all the evidence relating to a case before deciding whether or not to prosecute: The guidance suggests Inspectors should not do a thorough investigation in circumstances where they think It will not lead to a certain prosecution. But you can't tell whether to prosecute until you have all the evidence."
Halford, a lawyer at Bindman & Partners, claims the new guidelines are at odds with the Code for Crown Prosecutors which the HSE adheres to, causing confusion for the inspectors.
He adds: When one looks at the guidance, the only possible explanation for the approach the HSE says It will take is lack of resources."
A spokeswoman for the HSE denies the guidance contradicts the Cede for Crown Prosecutors. "The centre has taken the summary at the front and drawn unfair conclusions from that. It is a slight red herring to Imply that we are easing up."