Can I be prosecuted from published pictures of my shop?

[rtbcomp]

if you are self employed or in a partnership you do have to comply with H&S regs, but if you employ someone you have to comply with more strictly with H&S regs.

The HSE inspector who visited me (self employed, no employees) didn't like the condition of the belt guard on my compressor and told me to fix it, but he said I'd have to tidy the place up a bit (OK, a lot) if I employed anyone.

 

[wookie]

if you are self employed or in a partnership you do have to comply with H&S regs, but if you employ someone you have to comply with more strictly with H&S regs.

As an example I wouldn't expect you need to have signs up on various machinery saying "Authorised personnel only" if you are a one-man-band but if you employ anybody then the signs need to be there.

 

[Wendelspanswick]

Noooooo.....your duty is to take care of yourself and others. Last year a self employed guy was prosecuted for not working safely after breaking his own leg IIRC

if you are self employed or in a partnership you do have to comply with H&S regs, but if you employ someone you have to comply with more strictly with H&S regs.

The HSE inspector who visited me (self employed, no employees) didn't like the condition of the belt guard on my compressor and told me to fix it, but he said I'd have to tidy the place up a bit (OK, a lot) if I employed anyone.

As an example I wouldn't expect you need to have signs up on various machinery saying "Authorised personnel only" if you are a one-man-band but if you employ anybody then the signs need to be there.

Are you sure because according to the HSE website if your work poses no risk to anyone else you are exempt:
http://www.hse.gov.uk/self-employed/

Quoted from the above:
In 2011, the Löfstedt Review recommended that those self-employed whose work activities pose no potential risk of harm to others should be exempt from health and safety law. This recommendation was accepted by Government.

So, from 1 October 2015, if you are self-employed and your work activity poses no potential risk to the health and safety of other workers or members of the public, then health and safety law will not apply to you.

 

[rtbcomp]

In my case, grit blasting, there are several opportunities to harm people, and the HSE visit was prior to 2015.

 

[Pete.]

.

 

[WorkshopChris]

There are a few instances where advice on the hse website is contradicted by the facts as set out in various acts. And its the acts you need to refer to to be absolutely sure.

 

[Pete.]

The Lofstedt review is aimed at activities where so little risk exists it could be considered negligible, not where you're doing an inherently risky activity on your own.

I would say that anyone working in a workshop of equipment would have a very hard time convincing the HSE that their work poses no potential risk to others even if you put a no entry sign up and codelocks on all the doors. If you were to need medical help in your workshop then someone has to enter it. If you needed a service or utilities visit, or even just a visit from your insurance assessor, someone has to enter your workplace.

 

[rtbcomp]

HSE's visit to my workshop was triggered by the Police attending a burglary. I was told by the HSE inspectors that whenever the Police visit business premises they inform the HSE.

 

[indy4x]

HSE's visit to my workshop was triggered by the Police attending a burglary. I was told by the HSE inspectors that whenever the Police visit business premises they inform the HSE.

Same happened at a local garage, only a 1 man band operation but there was an arson attack on it, Police and Fire Brigade were called to sort and they called in HSE as a matter of course once their bits were finished

 

[DAPPH]

Ive been approached by a journalist who wants to write an article about me with pictures for a national paper supplement.
Is it wise to let her photographer into my shop or could I theoretically be prosecuted if some meddling sod wanted to cause me grief?
I don't know if my shop conforms to any health and safety regs or not but I doubt it

My pal Dennis was asked for a similar thing by one of the big Sunday papers almost 20 years ago .
The place was always clean , white washed and very very organised each of the two times I went & stayed there . The stock were in great condition and well fed in almost ideal living conditions .

The press produced pictures that were " Adjusted " to give the impression of a dark dismal place , they wrote a damming animal rights slanted verdict/artical upon his business of growing stock for the UK's pet trade. There was none of his original conversations nor any of the reporters question it was totally fabricated material .

No other Sunday rag would carry the story of the rebuttal , it was only after several months of legal action that the rag in question printed a two line apology hidden away deep inside their Sunday paper saying " We would like to apollogise that on such & such a day the quality of our picture used on the front page of this paper was not one of the best .

Another time a different friend had the press ask to let them do an article , they conned him into to paying for a full page information article advert for his business .

Tread very carefully and look for all the negatives as well for there are a lot .

 

[DAPPH]

Here's the main room in my workshop. It's not usually quite so bad as this but I've been flat out of late.

I have no employees and it's a genuine article.

I just don't want a load of suits to start showing up but then I'd quite like the pr

No matter what she says once your pictures are in the public domain , people may well start objecting to you being in your shop as it spoils their enjoyment of life , noise & fumes . traffic , bad parking etc etc. comes to mind , if the premise is at home or in a built dwelling area.

I'd for one would never lever et any one publish pictures of what I've got in my place, far too many scrotes are looking & hoping to turn the contents into a few beers or spliffs etc .

 

[DAPPH]

Are you sure because according to the HSE website if your work poses no risk to anyone else you are exempt:
http://www.hse.gov.uk/self-employed/

Quoted from the above:
In 2011, the Löfstedt Review recommended that those self-employed whose work activities pose no potential risk of harm to others should be exempt from health and safety law. This recommendation was accepted by Government.

So, from 1 October 2015, if you are self-employed and your work activity poses no potential risk to the health and safety of other workers or members of the public, then health and safety law will not apply to you.

I don't think there are any self employed folk who's work cannot be construed as to not having the case of risk to others and that ranges for someone working at their kitchen table as self employed on the end of a phone to someone with premises & or a waste product . when I read about it earlier this year I felt that the act amendment was just someone trying to justify their pay grade etc. it's quite meaningless .

That's why we are supposed to have self employment liability insurance ,so if follows someone somewhere will perceive a risk or two not only to the person but to anyone who enters the premises or area it is situated . It's all to do with the words in the act " Shall not by their acts or omissions cause .......

 

[Wendelspanswick]

I don't think there are any self employed folk who's work cannot be construed as to not having the case of risk to others and that ranges for someone working at their kitchen table as self employed on the end of a phone to someone with premises & or a waste product . when I read about it earlier this year I felt that the act amendment was just someone trying to justify their pay grade etc. it's quite meaningless .

That's why we are supposed to have self employment liability insurance ,so if follows someone somewhere will perceive a risk or two not only to the person but to anyone who enters the premises or area it is situated . It's all to do with the words in the act " Shall not by their acts or omissions cause .......

Well the HSE website directly contradicts what you have stated:
Baker - I run a cake business from home, does the law apply to me?
No, health and safety law will not apply to you.

 

[thinfourth]

It is the media

Tell them to go do one

They are only out to benefit themselves

Our company has bitter experience with them

An entire morning of interviews with the MD and a few others

What was used?

The brief slightly negative comment the MD said

All they were looking for was a doom and gloom story despite us being in oil and gas and currently expanding

 

[DAPPH]

Well the HSE website directly contradicts what you have stated:
Baker - I run a cake business from home, does the law apply to me?
No, health and safety law will not apply to you.

Interesting , Thanks
Though ..a baker working from home ..... If a customer came to collect their cake or I burn the home down & someone got badly hurt because of something I'd done /not done correctly or safely ..I'd hate to have to try & afford to prove to the injured party's barristers that the HASAW didn't apply despite what the website offers .

 

[OllyO]

Thank you all for your thoughts. Seems like we're a split camp on this one. As I understand it I'm theoretically safe as long as I have a very good tidy up, am sensible and vet the images BUT if someone wanted to be an ass then the law could bend to suit them.
The journalist is a customer of mine and the story will go out before they receive their range so I very much doubt it's a smear piece.
The magazine is country living so full colour glossy pics.
I'll have a think on it

 

[DAPPH]

Good luck hope it works out well .

I learnt on my latest photographic skills /knowledge ( Jan to march 2014 & Oct to Dec 2014 )about right uptodate modern digital enhancement /adjustment of RAW file pictures , it is amazing .

Especially if some of the latest highlighting / enhnacing packages are also used to bring out certain edges and forms . Lets know if you do it and what edition they appear in for I find such industrial scenes truly interesting not just for what's shown but also the techniques used & the effect produced overall .

 

[cardiffrob]

I was looking at the photo Wedg1e posted on page one. After spending a while, coffee in hand, I realised that the biggest single hazard in the photo was Mrs Wedg1e finding out what he actually paid for all of the stuff.