Consultant Fined for Incompetent Health and Safety Advice

Luton Crown Court heard that Clive Weal, from Torksey, Lincolnshire, had advised companies on the management of risks without the proper qualifications or competence to do so. The Health and Safety Executive (HSE) investigation revealed that he had misidentified critical hazards and provided inadequate solutions. Specifically, he: 

•  Incorrectly assessed the risk of hand-arm vibration (HAV) as low and recommended the use of “anti-vibration gloves,” which are not considered an effective control measure for this type of hazard. 

• Failed to recognize that paints containing isocyanates, a chemical known to cause asthma, posed a significant risk to workers’ respiratory health. 

• Did not address the risk of exposure to high levels of noise, which can lead to permanent hearing damage. 

Clive Weal pleaded guilty to breaching Section 3(2) of the Health and Safety at Work Act 1974, which requires those providing services to others to ensure they do not expose individuals to risks to their health and safety. He was subsequently fined £1,400. 

The Importance of Competent Health and Safety Advice 

This case highlights the dangers of relying on unqualified or incompetent consultants for health and safety advice, particularly in technical and complex areas such as workplace noise, chemical exposure, and hand-arm vibration. These risks, if not properly managed, can have serious long-term consequences for workers, including respiratory issues, hearing loss, and permanent nerve damage.

As Parmjit Gahir, HSE Specialist Inspector, commented: 

“Employers are more likely to use external consultants to provide assistance in complex situations where a higher level of competence is required.

“How consultants achieve competence is up to them, however they will have to be able to satisfy employers that they have a sufficient level of competence for the job in hand.  

“Being a member of a relevant professional body, which sets competence standards for its members and operates continuing professional development schemes is one way of helping; as is presenting evidence of relevant experience such as references from previous clients; or obtaining qualifications.” 

Ensuring Competence in Health and Safety Consultancy 

Businesses need to ensure that the consultants they hire are qualified, competent, and able to meet the unique demands of each workplace.  

How to verify the competence of a health and safety consultant: 

• Membership in a Relevant Professional Body: Consultants who are members of recognised health and safety institutions, such as IOSH (Institution of Occupational Safety and Health) or BOHS (British Occupational Hygiene Society), are more likely to meet rigorous professional standards. 

• Qualifications and Training: Consultants should be able to provide evidence of formal qualifications and continuing professional development to stay up-to-date with evolving health and safety regulations. 
• Experience and References: A competent consultant should provide references from previous clients and demonstrate experience relevant to your industry.

How CQMS Can Help Ensure Compliance 

We understand the importance of accurate, competent, and compliant health and safety advice. Our team of qualified health and safety consultants provides expert guidance, helping businesses manage complex risks and comply with current regulations.  

CQMS offers: 

• Comprehensive Risk Assessments: Identify and assess risks in areas such as noise control, hazardous substances, and vibration management. 

• Tailored Safety Solutions: We create bespoke safety systems and procedures specific to your industry’s needs. 

• Accredited and Qualified Consultants: Our team members are fully qualified, accredited, and committed to ongoing professional development, ensuring you receive advice that meets the highest industry standards. 

Contact us today to learn how we can help protect your business from unnecessary risks and ensure your workplace remains compliant and safe. Don’t compromise on the competence of your health and safety consultant—partner with CQMS for trusted advice.