Author Topic: Prosecution?  (Read 3665 times)

Offline Mr. P

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Prosecution?
« on: February 08, 2008, 12:51:34 PM »
Persons not being the RP but considered rp by virtue of their employment... negligently/maliciously discharging fire extinguishers...

Could those persons if identified, be served notice etc under section 23 RR(FS)O? Under H&S sect 7&8(?) for misuse of equipment could be used but, how to make it more water tight?

Thanks

Offline PhilB

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Prosecution?
« Reply #1 on: February 08, 2008, 01:55:51 PM »
An enforcement notice is the only type of notice that could be used.....but they can only be served on the responsible person or any person who has to some extent control of a workplace.

If an employee has no real control over a workplace and he recklessly discharges fire-fighting equipment no notice could be served on him.

A notice could be served on the responsible person or a person with some control requiring the equipment to be replaced.

But if, as a result of the malicious discharge fire-fighting equipment is not available, and the lack of it placed persons at serious risk...an offence has been committed and that employee could be charged with the offence by virtue of Article 32(10)


........ Where the commission by any person of an offence under this Order, is due to the act or default of some other person, that other person is guilty of the offence, and a person may be charged with and convicted of the offence by virtue of this paragraph whether or not proceedings are taken against the first-mentioned person.

Offline jokar

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Prosecution?
« Reply #2 on: February 08, 2008, 02:27:47 PM »
Try looking at it from another angle.  It may be an offence under the Management of Health and safety Regulations 1999, I think it is Regulation 14.

Offline Ken Taylor

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Prosecution?
« Reply #3 on: February 08, 2008, 06:11:01 PM »
How about Section 8 of the Health and Safety at Work, etc act 1974 - 'No person shall intentionally or recklessly interfere with or misuse anything provided in the interests of health, safety or welfare in pursuance of any of the relevant statutory provisions' ?