The fact that the Corporate Manslaughter and Corporate Homicide Act 2007 has real teeth has been illustrated by the announcement of a sixth prosecution under the Act.
Mobile Sweepers Limited entered a plea of guilty to a charge of corporate manslaughter following the death of a casual worker in an accident at its premises in Reading.
The 56-year-old man, who had worked for the company on and off for 15 years, had no training in mechanics but had been asked to carry out an emergency repair to a road-sweeping machine. In doing so, he inadvertently removed a hydraulic hose, which caused the raised hopper for collecting dirt to fall on him. He suffered serious head and chest injuries and died almost instantly.
Winchester Crown Court heard that an investigation into the man's death had revealed a number of serious defects in the company's health and safety procedures which contributed to the accident.
The company was fined £8,000 and ordered to pay a further £4,000 in costs. In addition, the director of the company was fined £183,000. Failure to pay the fine within 12 months will lead to a three-year custodial sentence.
Speaking after sentencing, Health and Safety Executive (HSE) principal inspector Steve Hull described the man's death as 'wholly avoidable'. He added, "Planned, preventive maintenance procedures should be in place for all work vehicles to ensure they are kept in good condition.
"Whenever someone has to work beneath a raised load, such as a tipper body, it is essential that propping arrangements are adequate to prevent devastating failures – as was the case here.
"HSE's own records show that 22 fatalities have occurred over the past 10 years alone due to inadequate propping when working beneath vehicles or vehicle bodies."
The director, who formed a new company to carry on a similar trade on the day of the accident, was also disqualified from acting as a company director for five years.
For further information on this article and related matters, please contact Dean Parnell on 0121 698 2200, email d.parnell@sydneymitchell.co.uk or fill in our online enquiry form.
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