HSE Officers face Jail sentence in Gulf countries
I would like to share with you three incidents in which the HSE officers faced jail sentences in the Middle Eastern countries. These should serve as examples as to what the safety officer should do in such cases. We will also discuss what documents are mandatory for them to keep to get out scratch-free of such problems. But wait till I post more details about these incidents and safeguards to be followed by safety officers.
Incident 1
Feliciano Siquian was just two days into his job as a safety officer on a building site in a large city when a colleague fell to his death.
As the safety officer on duty that day, Siquian was arrested, convicted of negligence and jailed.
He served two months in jail.
Incident 2
Five men were sentenced to three months in jail each for causing a worker’s death whose skull was smashed after a poorly-maintained forklift’s arm fell on him at the site.
The Court convicted the five defendants: a Canadian project manager, a Syrian workers’ supervisor, his compatriot project manager and site engineer, an Indian forklift operator and his compatriot safety officer, of negligence and failing to apply precautionary measures.
Incident 3
Two labors died and another was seriously injured when scaffolding collapsed at a construction site in the industrial area.
Four labors responsible for health and safety at the camp have been immediately arrested in connection with the incident by Police, where proceedings were put on hold awaiting the results of an investigation into the cause of the accident.
How to Protect Yourself?
Many HSE officer face legal issues especially in gulf countries, many have gone to jail, many terminated, many paid hefty amounts as Blood money for the deaths of workers
First rule – keep your side safe
So here it is:
1. Always be aware and make sure your company has HSE plan, Policy and procedures and they follow government rules. There is a very nice short story to illustrate the importance of paperwork.
2. Always report issues to higher management, HSE Manager, Project Manager, Engineers with proof.
“I told him” doesn’t work.
3. Ensure PTW system is available and followed, this will keep you safe.
4. Ensure 3rd party certificates available, valid & check with certification body (if possible) whether the certs are authentic.
5. Ensure people have given work-specific training with attendance proof before they go to work. ( eg: Crane Op training for crane operator)
6. Always use time-stamp on the pictures you take.
Remember,
- Your job is to make sure people are Safe, have specific training, following safe working systems.
- Paperwork will not make work safer, but it will save you in case of an incident.
Safety Officer is only an Advisor.
If you think that you are not in control and no chance of getting support from management, then you have 3 options:
- Report, Report, Report
- to Management (written)
- to Authorities (written)
- If above doesn’t work – Search for another job
- or Go to jail anytime
Please share your experiences and suggestions
Thanks for sharing. Some GCC countries have to8gh legislation towards holding safety staff accountable and responsible for incidents on their worksite. Be vigil !
Thanks, Bouzainne,
I personally believe that HSE personnel need to be treated as Advisors only, who has no legal responsibility for well being of the employees.
With a note: If he manages to prove that he advised the management to the right direction
As I read subject matter it’s real it was happen with me, I did one negligence I never highlighted to hire management and our project manager, but client company man is stupid. and one thing mention if you don’t want to want to – search a another job.
Illiterate person came a Painting QC but project manager decide to gave him role as a site incharge, The site incharge always shouting to all of the and he wants to join 3rd party company which are he closed with them client company man. and site what instructed to unsafe work, the labour, supervisor never think safety is our no. 1 priority but they are ignored. the silly silly problems hide and never highlight to management or manager, the safety officer always trying to call and email to report him one day Painting QC (site incharge) caught me and he saughted me don’t report any matter i’m here so don’t do hunky punky if any ask me i’ll give answer.
The 15th August one person fell down sea bed area and he harness was hooked with loose structure of scaffolding tube which is falling with them (3*3*3 MTR) tube size which is total weight 27 KG and he is wearing life jacket. but the structure was heavy weight due to person was inside sea bed and he is lying down 3 hour continur later marine diversion team finding him and they found the person was dead.
Later body was recovered and send him police station and they take 3 person name on his coustody, after 2 days later the police officer called and treating with them 3 person (safety officer, Job supervisor, and withness operatives). and police officer continue treating then later they said you can move now but you cannot go to work place and you will not go to outside without my permision either going emergency leave or resign etc..
LAter the case were send it to public procution (court) and the judge police officer and 3 person with them.
Finaly investigation done and they release three of them and after that client continue interogate and finaly the decided will not allow to work our premises and ban.
The finaly company terminated all of them.
The victim body send him to his country. with insurance claim and compensation.
Sad to hear that our article is not unique and there are others who were actually heavily involved in such incidents.
In a court of law, only question to be answered
What have you as a ( role) done to prevent the death of the person .
Every individual charged with the death of the person has to prove with supporting evidence that everything possible according to the local legislation . The responsibilities are different for a supervisor/foreman, engineer , safety officer, construction manager, Owner/director.
If you are able to demonstrate to the court , you will not be charged as guilty for the death of the person.