Disciplinary Committee hearing on 20 September 2017

Michael Stephenson, Hartlepool, Cleveland (123723)

The Disciplinary Committee determined that it was fair to proceed in the absence of Mr Stephenson. There was one allegation of misconduct against him. For a period of two months Mr Stephenson failed to fully cooperate with IOSH as required by Code point 3.1 in the Code of Conduct. Specifically he had repeatedly refused to provide free of charge a copy of a document relating to his consultancy practice. The Disciplinary Committee noted that Mr Stephenson had offered to cooperate on payment of a £30 administration fee. But it further noted that IOSH had explained to Mr Stephenson more than once that it would not pay for his cooperation. Moreover his cooperation was necessary for him to demonstrate his compliance with another Code point. The Disciplinary Committee agreed that it was wholly unreasonable for a member of IOSH to expect payment for the provision of information that had been legitimately requested in the interest of public protection. Therefore it found the allegation of failure to cooperate contrary to Code point 3.1 proven.

The Disciplinary Committee regarded this breach as a serious matter. Accordingly it determined that the appropriate penalty was for Mr Stephenson’s membership to be suspended until 20 December 2017 unless he has satisfied two conditions sooner. But if he has not satisfied both of these conditions by 20 December 2017 then the suspension shall be superseded by the penalty of expulsion from membership of IOSH. The conditions were:

  1. Submission to IOSH, free of charge, of a copy of the previously requested business document; and
  2. Payment of £200 to the costs of this hearing.

Update – Mr Stephenson did not satisfy either condition by 20 December 2017 so the final outcome was expulsion from membership of IOSH.