H&S consultant fined £1,400 for providing health and safety advice on technical and complex matters while not being qualified.

Self-employed consultant Clive Weal was fined £1,400 for  providing health and safety advice on technical and complex matters while not being qualified to advise his clients.

The circumstances were:

• Mr Weal provided inadequate and flawed advice to small and medium sized enterprises on the management and control of risk in relation to hand arm vibration, work place noise and the control of substances hazardous to health.
• Weal incorrectly identified risk from exposure to hand arm vibration as ‘low’.
• As a result, he advised the use of ‘anti vibration gloves’ as an appropriate control measure. 
• He also failed to identify that paints containing isocyanates can cause asthma. 
• The poor and incompetent advice resulted in a lack of remedial action being implemented to prevent employees being exposed to levels of noise, hand arm vibration and chemical substances that may have a damaging impact on their health.

The HSE specialist inspector said:
“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.

Where health and safety consultants are found to be in breach of legislation, HSE will hold persons to account for their failings.