A Birmingham company and its director were recently fined following the sad death of an employee who was thought to have fallen from the top of a device known as a trammel, where he was clearing debris, and subsequently died.
The company admitted corporate manslaughter and was fined £255,000 whilst the director was fined £11,500.
As the result of his plea of guilty to a health and safety offence, the Company Director was disqualified from holding the office of company director for eight years and he was sentenced to twelve months in prison suspended for two years and he was ordered to undertake three hundred hours of unpaid work.
Det. Con Mark Harrison said:
‘This terrible tragedy is made so much worse by the fact it could have been avoided. It was almost inevitable that somebody was going to be seriously injured or killed given that the company prioritised cost –cutting over safety”
“A culture of negligence resulted in the sad loss of life.”
The Relevant Health and Safety Law | Kangs Regulatory Law Advisors
The Corporate Manslaughter and Corporate Homicide Act 2007 (‘the Act’), which came into force on 6th April 2008, introduced a new statutory criminal offence of corporate manslaughter (‘the offence’) thereby providing accountability in respect of deaths arising as the result of very serious management failings.
Section 1 of the Act provides that the following elements need to be proved:
- the defendant must be a qualifying organization
- the organization caused the death
- a relevant duty of care was owed by the organization to the deceased
- there was a gross breach of that duty
- a substantial element of that breach was in the way those activities were managed or organized by senior management and
- the defendant was not exempted for prosecution under the Act.
What Is A Qualifying Organization? | Kangs Health & Safety Team
Section 1(2) of the Act states the offence applies to a:
- department or other body listed in Schedule 1
- police force
- partnership, or trade union or employer’s association that is an employer.
How Can We Help? | Kangs Health and Safety Solicitors
Kangs Solicitors have a wealth of knowledge and experience in dealing with all matters of health and safety law.
Our specialist lawyers are able to provide advice and assistance throughout the entire criminal process, from the initial intervention by the health and safety executive through to enforcement, interview under caution and ultimately the defence of any ensuing criminal prosecution.
Who Can I Contact For Help? | Kangs Solicitors
Please feel free to contact our team through any of the lawyers named below who will be happy to provide you with some initial advice and assistance.