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    CORPORATE MANSLAUGHTER

    Firm cleared of corporate manslaughter after explosion death

    This non-construction case illustrates the difficulties that Crown Prosecutors have in securing convictions for the offence of corporate manslaughter prior to the Corporate Manslaughter and Corporate Homicide Act 2007 (CMCH Act 2007). The case arose from the death of a scrapyard worker who was helping to cut-up cylinders containing flammable gas which ignited causing an explosion in 2005. The company and a director were cleared of manslaughter charges. However, the company and one director were found guilty of health and safety offences and the director was found guilty of perverting the course of justice. Sentencing on these matters will take place in September.

    Comment: Of the main industrial sectors construction has one of the highest rates of fatal injury and accounts for over 30% of fatal injuries to workers. There were 72 fatal injuries in 2007/08. It is therefore most likely that construction companies will be some of the first to be subject to prosecutions under CMCH Act 2007. The Act is designed to make convictions easier to obtain where serious management failures have resulted in death and a gross breach of a duty of care. The Government advice to companies and organisations is that they should review their current health and safety management arrangements and satisfy themselves that systems and processes are adequate.

    Latest Construction Health and Safety News

    CONSTRUCTION SAFETY NEWS – END OF NEW CONTENT

    The addition of content on this website ceased on 17th April 2020.

    Material posted before this date can be found by clicking on our SEARCH NEWS DATABASE function.

    Posted on 3rd May 2020

    HSE WARN OF NEED FOR RPE FACE FIT TEST AND CHECK

    Incorrectly fitted RPE will not protect the wearer from dangers to health

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    Posted on 16th April 2020

    CORONA VIRUS: LATEST SITE OPERATING PROCEDURES

    Industry Bodies publish risk management guidance Version 3

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    Posted on 15th April 2020

    TOWER CRANE OUT OF SERVICE SAFETY ALERT

    Important advice from Construction Plant-hire Association and HSE

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    Posted on 30th March 2020

    FRAGILE ROOF REPLACEMENT PUT WORKERS IN DANGER

    Measures to prevent falling from or through the roof were missing

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    Posted on 30th March 2020

    WORKMAN FELL FROM EDGE OF MEZZANINE FLOOR

    Edge protection was absent and workman untrained for the task

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    Posted on 30th March 2020

    HSE PLAN AND CONSTRUCTION PRIORITIES 2020/21

    Appointed CDM 2015 Principal Designers remain focus of HSE inspections

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    Posted on 30th March 2020

    COVID-19 ADVICE & GUIDANCE FOR CONSTRUCTION

    BuildUK support industry with advice, guidance and information

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    Posted on 30th March 2020

    LATEST HSE CONVICTIONS AND NOTICES REGISTERS

    hselogo1View current online HSE registers of prosecution convictions and notices

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    Posted on 30th March 2020

    POORLY DESIGNED SCHOOL GATE CRUSHED CHILD

    Sliding gate over-run mechanism proved insufficiently robust

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    Posted on 9th March 2020

    POWER GENERATOR PROSECUTED OVER UNSAFE SYSTEM

    Maintenance workers seriously injured when energy suddenly released

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    Posted on 2nd March 2020

    CEILING BELOW SAVES WORKMAN IN ROOFLIGHT FALL

    Roofworker fell through roof after stepping on fragile rooflight

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    Posted on 2nd March 2020

    INEXPERIENCED WORKER FELL THROUGH OPENING

    No physical protection or warning of opening and fragile covering

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    Posted on 29th February 2020

    CDM PRINCIPAL DESIGNER IN COURT OVER FIRE RISK

    Designers and contractor prosecuted for risk management failings

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    Posted on 29th February 2020

    PRISON SENTENCE FOR RECALCITRANT DIRECTOR

    Prohibition and improvement notices ignored and danger persisted

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    Posted on 26th February 2020

    TEMPORARY WORKS HOARDING FELL ON PEDESTRIAN

    Member of the public struck when site fence collapsed suddenly

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    Posted on 26th February 2020

    CHILD FATALLY INJURED BY UNSECURED POLE

    Pole stored on embankment moved and trapped boy against fencing

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    Posted on 26th February 2020

    OWNER RESPONSE TO HSE INSPECTION ENDED IN COURT

    Police uphold HSE right to inspect without threats, aggression or abuse

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    Posted on 24th February 2020

    HSE TARGETING WELDING FUME CANCER RISK

    Inspections to enforce improved controls required by new risk evidence

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    Posted on 24th February 2020

    CONTRACTOR FAILED TO REPLACE MISSING PROTECTION

    Painter and decorator fractured hip in fall from landing

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    Posted on 18th February 2020

    RISK OF DERMATITIS SUFFICIENT FOR PROSECUTION

    Company failed to implement controls and surveillance required by COSHH

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    Posted on 18th February 2020

    COSHH FAILINGS CAUSE ASTHMA AND PROVE COSTLY

    Uncontrolled exposure to isocyanates during paint spraying operations

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    Posted on 18th February 2020

    POLICE EMPLOYEE SHOCKED BY DATA CABLE WORK

    South Wales Force fined over electric shock from ceiling void cable

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    Posted on 18th February 2020

    COLLAPSE OF PUMP SET TRAPPED WORKMAN

    Unsafe system of work transferring from pallet to a raised platform

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    Posted on 18th February 2020

    MODIFIED PODIUM STEPS CAUSE FALL FROM HEIGHT

    Firm failed to select and correctly assemble with necessary training

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    Posted on 14th February 2020
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