Another English company has been charged with corporate manslaughter in relation to an incident that occurred two years ago, in which an employee died after a vehicle he was towing came into contact with overhead power lines.
This follows on from two previous prosecutions in England where Cotswold Geotechnical was the first company to be prosecuted and subsequently fined almost £400,000 after the death of an employee when a trench collapsed. Lion Steel became the second company to be successfully prosecuted and was fined £480,000 after an employee fell through a fragile roof. This case highlights that corporate manslaughter can be brought against any company, big or small.
The facts of the case
The Crown Prosecution Service (CPS) has charged a Norfolk garden nursery with corporate manslaughter in relation to the death of an employee two years ago.
The employee died on 15 July 2010 from an electric shock, caused when the metal hydraulic-lift trailer he was towing came into contact with an overhead power line.
The Health & Safety Executive (HSE) investigated the incident on the same day and immediately served the company with two Prohibition Notices, relating to: the operation of vehicles of a certain height from coming into contact with or closely approaching the overhead power lines in the field adjacent to the nursery buildings; and the movement of metal irrigation pipework under the overhead lines without undertaking a suitable risk assessment and implementing a safe system of work.
A month later, a further Prohibition Notice was served to prevent the use of the trailer after the Vehicle and Operator Services Agency (VOSA) found that the brakes didn’t work. An Improvement Notice was also issued to the company to provide information, instruction and training for employees relating to transport and deliveries close to overhead power lines. The firm complied with all the notices.
A spokesperson from the CPS commented on the decision to prosecute the company:
“I have carefully considered the evidence and have concluded that it is sufficient to charge the company with corporate manslaughter and with failing to discharge a duty imposed by section 2(1) of the HSWA 1974.”
The company has been summonsed to appear at King’s Lynn Magistrates’ Court on 23 November. It is the third company the CPS has charged with corporate manslaughter since the introduction of the Corporate Manslaughter and Corporate Homicide Act in 2008. Earlier this year, a farming company received the largest ever health and safety fine in Northern Ireland following the first corporate manslaughter conviction there.
The company issued a statement, through its solicitors, saying:
“We have worked closely with the Police, the HSE and other agencies investigating the incident at the nursery. As formal legal proceedings are now underway, it would be inappropriate for us to comment on any aspect of the case at this time.
“Everyone at the garden centre remains profoundly saddened by the death of the worker, and his family have been, and are constantly, in our thoughts.”
Need help or advice? Contact us through the website
No comments:
Post a Comment