Disciplinary Committee hearing on 05 July 2018

John Spellman, Peterhead, Aberdeenshire (144694)

The Disciplinary Committee determined that it was fair to proceed in the absence of Mr Spellman. In correspondence before the hearing he had admitted three breaches of Code point 3.5. That Code point requires members to ensure their professional activities are reasonable. But he had denied three breaches of Code point 1.1, which requires members to be honest. The two groups of allegations were based on the same agreed facts. Mr Spellman submitted a portfolio of evidence to IOSH in December 2016 as part of the assessment process for him to become a chartered member. Before he did so, Mr Spellman made a declaration. This was that the evidence was all his own work except where acknowledged and referenced accordingly. However, three pieces of evidence in the portfolio were not all Mr Spellman’s own work. Further he had not acknowledged and referenced the contribution of a colleague.

The Disciplinary Committee found all six allegations proven. Mr Spellman was dishonest as well as unreasonable in submitting each of the three pieces of evidence in the way that he did. Some tasks at his place of work were completed through a team effort. Mr Spellman chose not to make that clear in reflective accounts explaining the three pieces of evidence.

By way of penalty the Disciplinary Committee decided that in the public interest it was proportionate to:

  1. Issue a Reprimand to Mr Spellman;
  2. Provide guidance on his future conduct that it is his sole responsibility is to meet his IOSH membership obligations, and be honest in his dealings with IOSH; and
  3. Suspend Mr Spellman’s membership of IOSH for a period of up to 2 years in which time he must satisfy a condition otherwise suspension will be superseded by expulsion from membership. The condition is that Mr Spellman meets the requirements for chartered membership of IOSH by successfully re-taking the assessments for it.

In the interests of fairness, the Disciplinary Committee also ordered Mr Spellman to contribute to IOSH’s hearing costs.