Director Found Guilty of Manslaughter
A recent court case was clear evidence of how directors and senior managers can be held responsible for the health & safety implications of improper risk management. This tragic case involved the death of a roofing contractor who fell through a skylight onto a factory floor whilst carrying out roof repairs . The worker had not been wearing a safety harness and had not received adequate training for his work. He died from his injuries in hospital the following day.
The company owner and director pleaded guilty to breaches of Health & Safety law. Despite pleading not guilty to manslaughter by gross negligence, he was found guilty of this charge by the jury. He was sentenced to 12 months in prison for the manslaughter charge and was disqualified from being a company director for three years. His company was fined £10,000 with £20,000 costs.
Section 37 of the Health & Safety at Work Act 1974 allows for directors, managers, secretaries or similar officers of an organisation to be prosecuted for offences committed by their consent or connivance, or caused by their neglect.
The Health & Safety Executive inspectors said the accident in question was attributable to a reckless disregard for employee safety and obvious risks being ignored in favour of profits.
Senior managers should ensure thorough risk assessments have been carried out and comprehensive health & safety planning is in place or they should be prepared for the consequences.
Please take a responsible approach to CoSHH risk asessment and in particular for the safe use of chemicals at work in compliance with CoSHH regulations.