Innocent Until Proven Guilty or The Legal Thread

Yes, no argument, it’s just damn scary when you see it in action. What could be considered as an “accident” in the very truest sense of the word, even if it’s someone (public included) that appears to be acting purely on their own, can suddenly land you in a heap of trouble.

Classic example is kids invading a construction site at night. It’s still up to you to prove that you’ve done everything practicable to prevent them doing so. That word practicable adds a whole load of debate to the idea of where a line is drawn.

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I agree. There are only so many ways you can guard yourself against as a employer. There will always be that one accident where despite the best possible measures being taken , there is still a human error to the death.

But if the contractor had ensured that he took all the necessary precautions , he probably leaves himself safe from these cases. But easier said than done … as sometimes it isn’t possible to erect an extra railing etc due to each site being different from the next.

Very much and this is where I’ve been more than a bit confused / bemused at what has happened at certain instances during the pandemic. Can businesses actually say they’ve safe guarded the public and their employees? Night clubs for example, Cheltenham race course is another one.

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I can only speak for ourselves, we’ve followed every piece of guidance to the letter. Regardless of how balmy the guidance has been at times, as long as your procedure, risk assessments etc have complied, you’re in the clear.

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I think thats what every establishment have to do. Follow the guidelines to a T even if the guidelines don’t necessarily make sense.

In other words , make sure you are legally protected against accidents.

Yep, good job. Just be aware of anything new that comes your way. Basically updating as necessary.

One thing to note that wont apply to you running our own business is that responsibility can fall down the chain. Procedures might be in place but if someone “forgets” to do something then they can be in a heap of trouble also.

Yeah, part of being compliant with regulations is having the documentation showing how you are/were compliant. Much like Rio being treated as positive for missing a test, not being able to adequately document regulatory compliance is largely the same as being shown to have been out of compliance.

It is not sufficient to have written processes, you must also have a quality system that documents how compliance with those processes verified in an ongoing manner. It can be an astounding amount of work and I concede that some business are likely overburdened by the cost of regulatory compliance, but in my industry (clinical science and tech) and things like construction, if you cannot meet the compliance requirements you have no business being in the business.

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Yep. I’m absolutely buried in it.

I used to work for a company which sold GPS vehicle tracking software for fleets. It was a pain trying to explain the difference between

“Having a GPS solution makes it tougher for Fuel pilferage etc etc” & “Having a GPS vehicle tracking software enables you to stop fuel theft”

I’ve seen many companies give misleading information in order to sign up a customer only to get into trouble with false guarantees , and in some cases legal trouble as well , considering that the US (where majority of my ex-companies sales used to happen are so litigation friendly

Rather bump this up as Mendy has been found not guilty in 5 of the 7 cases or what not