Peterborough
Crown Court imposed a substantial fine on a Cambridgeshire based company (‘the
company’) which pleaded guilty to breaches of Health & Safety Regulations which
resulted in an employee being fatally injured.     

Amandeep Murria of Kangs Solicitors sets out the circumstances.

The Circumstances | Kangs Solicitors Health and Safety Team

  • The site manager, an employee of more than twenty years, was fatally injured when struck by a lorry whilst on the premises.
  • Although the driver of the lorry had checked his mirrors, he did not see the site manager thereby causing the fatal accident.

The Health & Safety Executive conducted a thorough investigation and concluded that the company:

‘had failed to implement safety measures for their employees, ensuring there was proper and adequate access around the site, avoiding large moving vehicles.’

The Relevant Law | Kangs HSE Defence Solicitors

The Health and Safety at Work etc. Act 1974 (‘the Act’) provides:

‘2  General
duties of employers to their employees.

(1) It shall be the duty of every employer to
ensure, so far as is reasonably practicable, the health, safety and welfare at
work of all his employees.

(2) Without prejudice to the generality of an
employer’s duty under the preceding subsection, the matters to which that duty
extends include in particular—

(a) the provision and maintenance of plant and
systems of work that are, so far as is reasonably practicable, safe and without
risks to health;

(b) arrangements for ensuring, so far as is
reasonably practicable, safety and absence of risks to health in connection
with the use, handling, storage and transport of articles and substances;

(c) the provision of such information, instruction,
training and supervision as is necessary to ensure, so far as is reasonably
practicable, the health and safety at work of his employees;

(d) so far as is reasonably practicable as regards
any place of work under the employer’s control, the maintenance of it in a
condition that is safe and without risks to health and the provision and
maintenance of means of access to and egress from it that are safe and without
such risks;

(e) the provision and maintenance of a working environment for his employees that is, so far as is reasonably practicable, safe, without risks to health, and adequate as regards facilities and arrangements for their welfare at work.’

The Hearing | Kangs Health and Safety Solicitors

The company pleaded guilty to breaching Regulation 2 (1) of the Act and was:

  • fined £180,000   
  • ordered to pay Prosecution Costs of £120,000      

An Inspector from the Health & Safety Executive, Stephen Faulkner, was quoted as saying:

“This was a tragic and wholly avoidable incident caused by failure of the host company to undertake a number of simple measures.”

How Can We Help? | Kangs Safety At Work Solicitors

Kangs Solicitors has a wealth of knowledge and experience in dealing with all matters of health and safety law.

Our specialist solicitors 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 National Criminal Defence Solicitors

Please feel free to contact our team through any of the solicitors named below who will be happy to provide you with some initial advice and assistance.

Hamraj Kang
hkang@kangssolicitors.co.uk
07976 258171 | 020 7936 6396 | 0121 449 9888

John Veale
jveale@kangssolicitors.co.uk
0121 449 9888 | 020 7936 6396

Amandeep Murria
amurria@kangssolicitors.co.uk
020 7936 6396 | 0121 449 9888