HSE caught out by own rules
In a rare story, it has been revealed that the Health and Safety Executive has come under fire due to breaching its own guidelines.
The organisation was attacked by the Industrial Tribunals for breaking its own rules on personal injury claims.
Although the industrial tribunal upheld the HSE’s decision to issue a demolition company with a prohibition notice following the discovery of asbestos at a site in Co Antrim, to avoid compensation claims and work accidents, it has since heavily criticised the group over its actions.
HSE criticised
In July 2009, asbestos was found by HSE inspectors at a site in Carrickfergus, but the quango, which falls under the remit of the Department of Enterprise Trade and Investment, has been accused of ‘signal failure.’
The ruling comes nearly two months after an Industrial Tribunal hearing appeal was concluded at Killymeal House in Belfast’s Gasworks.
The tribunal stated in its findings that: “The essence of Health and Safety legislation concerns the reasonable and sensible management of risk. This was lacking in this case.”
The hearing further went on to criticise the HSE’s measures: “On July 23 2009, when the inspectors visited the site, there were no controlled measures in place to control the release of asbestos.
“There was, in the tribunal’s opinion, a material risk of asbestos fibres being transported from the site on clothing and equipment.”
It added: “The risk posed by the asbestos contamination of 1,700 sq m of this site should have been ameliorated much more quickly and not left to chance and the elements.
“It seems extraordinary to us that having identified a risk of serious personal injury, and after sampling had shown a wide area of contamination and further that third parties were identified as having access to the site who had no knowledge or indeed expertise of the hazard identified, the HSE took absolutely no steps to minimise the risk until this tribunal expressed its disquiet and concern.
“This led, belatedly, to a clean up of the area by the appellants to the satisfaction of the HSE and the independent analyst.”
It furthered in the concluding paragraph that: “The tribunal is concerned that professional and expert parties, such as HSE and a licensed contractor, cannot find an agreed or acceptable way forward after some six months of negotiations involving the assistance of experts drawn from outside the jurisdiction. The basic function of the Health and Safety rules and their implementation is to properly manage risk. There has been a signal failure to do so in this case.”
However, the body noted that the probation form was vital and “clearly sufficient.”
Updated on 4/20/2010