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
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
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