Health & Safety
The Health & Safety obligations of the owner and hirer of a machine under the Corporate Manslaughter & Homicide Acts 2007 include:
Directors and their companies can now be charged with
– ‘Gross Breach of Duty of Care’
- ‘Disregard for life’
- ‘Recklessness - void of any assessment for safety of operator’
THE SOLUTION EXISTS:
ONLY AUTHORISED USERS OPERATE KOSRAN SECURED MACHINES.
This Financial Times article published on February 15th 2010
Explains what could happen to you and your company.
Click here to view the PDF »
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The articles below provided by PP Construction Safety via the CPA outline the prosecution of two trained operators whose actions lead to the fatality of a co-worker.
Both of these cases must make all properly trained plant operators alert to the fact that both the Crown Prosecution Service (CPS) and the Health and Safety Executive (HSE) are likely to prosecute when operators' unsafe actions lead to death or serious injury.
Plant operator guilty of manslaughter
Jury finds telehandler operator responsible for death of co-worker. The operator of a telescopic handler on a Kier Western site in Plymouth has been found guilty of causing death by gross negligence. Nigel Herring was the operating a Manitou telehandler in September 2007 when the machine tipped causing the skip it was carrying to strike 20-year-old Reece French causing fatal injuries. The prosecution stated that Mr Herring was trained to operate the machine and breached five ‘golden rules’:
- the telehandler stabilisers were not deployed
- the load was raised above two co-workers
- the machine was moving forward with the boom extended
- the forks were not adjusted to fit skip securing sleeves and
- audible and visual alarms were not acted upon
Character references for Mr Herring called him a ‘gentle giant’ who would have swapped places with victim ‘in a heartbeat.’ Mr Herring will be sentenced in two weeks...
Lift truck operator prosecuted
A second forklift operator is convicted after workplace death. A forklift truck driver whose actions contributed to the death of a colleague has today been fined £1,500 and ordered to pay costs of £1,000. The prosecution follows an incident at haulage company Joda Freight on 14 March 2006. The court heard that operator his colleague to use the forks of the truck he was driving as an impromptu lift to access pallets on the second deck of a two-tier lorry. He slipped and fell from the forklift, sustaining serious injuries that required prolonged treatment in hospital. He died two months later in hospital from complications.
HSE Inspector Paul Yeadon commented
“Mr Mason will forever live with the guilt of his momentary disregard for safety. Forklifts are extremely common and invaluable pieces of machinery. However, they also pose a serious risk if they are used for anything other than their intended purpose, or if operators fail to follow the required safe-working procedures. We hope that this tragic incident will serve as a lesson to all employers and employees who work with or near forklifts.”
This prosecution follows recent manslaughter proceedings initiated by the Crown Prosecution Service (CPS) following a death involving a fork lift truck on a construction site. In both cases a trained operator has been prosecuted after unsafe use of a forklift lift contributed to the death of a co-worker. It is not clear from the facts available why one individual was charge with manslaughter whilst the other faced proceedings under the HSW Act Section 7. However, both cases must make all properly trained plant operators alert to the fact that both the CPS and HSE are likely to prosecute where operator unsafe actions lead to death or serious injury.