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Alice H
Alice H, Solicitor/Partner
Category: Law
Satisfied Customers: 2850
Experience:  Partner in national law firm
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Would allowing the removal of a piece of plant responsible

Resolved Question:

Would allowing the removal of a piece of plant responsible for a accident off site constitute Intentionally obstructing a HSE inspector, when the HSE inspector had not yet contacted the site
Submitted: 1 year ago.
Category: Law
Expert:  Alice H replied 1 year ago.
My name is ***** ***** I am happy to help you today. What is the purpose of moving this machinery?
Customer: replied 1 year ago.

It was believed to be unsafe, as its guard was missing and the machine was covered in hardening floor screed blocking a pressure valve, any use of the machine would have been dangerous so it was thought better to send it back to the owners workshop instead of leaving it open on site

Expert:  Alice H replied 1 year ago.
OK. And is the HSE already aware of the accident?
Customer: replied 1 year ago.

no they were made aware the next day by the employer of the injured person, the HSE did not contact until 2 days after that

Expert:  Alice H replied 1 year ago.
Moving the plant machinery prior to an inspection could well amount to obstruction; a conviction could result in a fine and/or imprisonment under section 33 HWA. It is advisable to leave the machinery in situ until an inspection has taken place or, if it is necessary for the item to be moved, you should ask the HSE for their agreement.
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