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30 June 2005 - MD Jailed for Gross
Negligence Resulting in Manslaughter
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The Managing Director of a building company has been given a 16
month prison sentence for the manslaughter of a 27 year old worker due to his
gross negligence over failing to ensure the safety of his employees.
The fatality occurred in 2003, when a team of workers were
removing and replacing a warehouse roof. A plastic roof light
adjoining the warehouse was stepped on by the victim, sending him plunging
almost seven metres to his death.
No safety precautions for the protection of the workers on the
roof had been taken such as:
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The placing of a sustainable platform over the roof light.
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The installation of edge protection.
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Safety netting under the roof light to break fall.
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The provision of safety harnesses.
Other breaches of failing to ensure the safety of the MD's
employees were:
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No suitable training nor instruction had been provided.
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The worker had never worked on roofs in the past.
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No correct supervision had been provided.
The sentence was given for gross negligence and breaching
Section 2(1) of the HSWA for failing to ensure the safety of his employee.
The MD pleaded guilty. However, his mitigation QC
said:
"his client accepted that he had not given any thought to
health and safety measures. However, he added that he had acted through
ignorance of safety laws, rather than cutting corners through a desire to save
money."
Pam Waldron, HSE's Head of Construction for Scotland and the
North West commented after the case:
"There was a fundamental failure to recognise that the roof
included fragile roof lights that will not bear a man's weight. Moreover, the
equipment to prevent people falling through fragile materials is readily
available and relatively cheap."
Although it is not our policy to make judgements or comment on
any news item published, the comment above from the mitigation QC is surely an
appalling defence. Companies throughout the world, no-matter how small, are all
very well guided, trained and informed of Health and Safety Laws from many many
quality sources such as the Health and Safety Executive.
Ignorance of Health and Safety Laws in this day and age is no
defence for a life taken so unnecessarily.
Article by Alexandra Johnston
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