Ethentic Ethentic Higher Safety Higher Safety Chipmunk Data Chipmunk Data
  • Higher Safety Higher Safety Chipmunk Data Chipmunk Data Ethentic Ethentic

    DIRECTORS FINED FOLLOWING SLAB DEATH

    Fatality prompts Section 37 prosecution of two directors

     

    Marble City Ltd and directors Gavin and Jamie Waldron have been prosecuted following a fatal incident in March 2008 when granite and marble slabs were being unloaded from a vehicle. 

    Judge Taylor at Southwark Crown Court heard that director Gavin Waldron was supervising the unloading operation at the time of the death.

    Six tonnes of stone slab had not been restrained

    Driver Gelsomino Pacifico, an Italian national, was instructed to park his truck and trailer nearer the yard.

    The vehicle was parked on a slope on the road causing the stone slabs on the trailer to lean towards the kerb. Mr Pacifico and two other workmen mounted the trailer to begin unloading the slabs. 

    During unloading six tonnes of unrestrained slabs became unstable and fell, crushing the workman, who died from his injuries in hospital one week later.

    The court heard that the other two men tried to restrain the slabs but became trapped and sustained serious injury.

    Unsafe system of unloading operated for several years

    Marble City Ltd of Wandsworth pleaded guilty to HSW Act 1974 offences and was fined of £100k and ordered to pay prosecution costs of over £47k.

    Directors, Gavin and Jamie Waldron were  prosecuted by virtue of HSW Act S.37 for allowing the company to commit the offences due to their negligence. They were each fined £10k.

    HSE investigation revealed that company had failed to ensure deliveries were unloaded safely over a number of years. 

    Employers need to identify unsafe systems before incidents occur 

    HSE Inspector, Andrew Verrall-Withers, said: “Too many employers have good intentions, but fail to protect their employees as well as they think they are.

    Employers need to check how well they are protecting their employees and not find out they are failing when tragically it is too late and someone is hurt and killed.

    The system of work for unloading slabs of stone was dangerous, but it would have been fairly easy to make it much safer. ”

    Comment

    This case provides further evidence that the sentencing guidelines are beginning to have an effect on the level of fines. The fine at £100k is the expected minimum where a death is involved.

    The prosecution of two directors suggests that whilst prosections under Corporate Manslaughter and Corporate Homicide Act 2007 may be infrequent the evidence collected during a CMCH investigation may well support prosecution of directors by virtue of HSW Act Section 37.

    Latest Construction Health and Safety News

    WORKMAN FELL FROM UNSECURED LADDER

    Industrial cladding company failed to assess and control WAH

    Read the rest of this article »

    Posted on 18th January 2019

    SCAFFOLDER FELL THROUGH FRAGILE ROOFLIGHT

    Fall through roof leaves workman with life-changing injuries

    Read the rest of this article »

    Posted on 18th January 2019

    ARM DRAGGED INTO CONVEYOR BELT DANGER

    Workman seriously injured on first day at work in quarry

    Read the rest of this article »

    Posted on 16th January 2019

    ROOF TRUSSES TOPPLED TRAPPING WORKMAN

    Principal contractor failed to plan, manage and monitor project

    Read the rest of this article »

    Posted on 16th January 2019

    SCAFFOLDING AWARENESS TRAINING FOR ALL

    CISRS set to target painters, bricklayers, electricians and plumbers

    Read the rest of this article »

    Posted on 16th January 2019

    HSE ENFORCEMENT DATABASE REMAINS OFFLINE

    hselogo1Access to HSE prosecutions and notices register mysteriously unavailable

    Read the rest of this article »

    Posted on 15th January 2019

    POOR LIFT MAINTENANCE CLAIMED LIFE OF CHILD

    Affordable housing business and contractor fined over £1.5m

    Read the rest of this article »

    Posted on 15th January 2019

    NEW CPA CRANE SAFETY GUIDANCE ISSUED

    Guide covers use of mobile lifting appliances beside railways

    Read the rest of this article »

    Posted on 14th January 2019

    RIBA CONDEMNS RISKIER PROCUREMENT OUTCOMES

    Holistic focus on safety is required and not just cost cutting

    Read the rest of this article »

    Posted on 8th January 2019

    DIRECTOR JAILED OVER PAINT STRIPPER ILLEGAL SALE

    Banned and restricted chemicals sold contrary to legal requirements

    Read the rest of this article »

    Posted on 5th January 2019

    CLIENT FAILED TO PROCURE ASBESTOS SURVEY

    Demolition work released large quantities of asbestos fibres

    Read the rest of this article »

    Posted on 2nd January 2019

    LIVE WORKING IGNITED CLOTHES OF ELECTRICIAN

    Spanner came into contact with live terminal causing life-changing burns

    Read the rest of this article »

    Posted on 31st December 2018

    WORKMEN FELL FROM ‘BIN’ ATTACHED TO EXCAVATOR

    Premature removal of scissor lift prompted unsafe system of work

    Read the rest of this article »

    Posted on 31st December 2018

    MANY SITES FAIL HSE HEALTH RISK CONTROL TEST

    HSE Construction site ‘blitz’ finds breaches at 43% of site visits

    Read the rest of this article »

    Posted on 31st December 2018

    MAKESHIFT FALL ARREST SYSTEM CAUGHT ON CAMERA

    Contactors fined for using harness not attached to suitable anchor

    Read the rest of this article »

    Posted on 31st December 2018

    HYDRAULIC RAM SEVERED HAND OF WORKMAN

    Major contractor failed to follow own policies and procedures

    Read the rest of this article »

    Posted on 31st December 2018

    ALL WORK AREAS NOT INCLUDED IN ASBESTOS SURVEY

    Company fined after asbestos containing materials were released

    Read the rest of this article »

    Posted on 31st December 2018

    FESTIVE GREETINGS TO ALL OUR READERS

    Read the rest of this article »

    Posted on 18th December 2018

    POSITIVE STORY ON FRAGILE SURFACE HAZARDS

    Major roofing contractor testifies to working from below roof

    Read the rest of this article »

    Posted on 18th December 2018

    LEISURE CENTRE USER FELL ILL AFTER SHOWER USE

    Legionella risk assessment and control measures found wanting

    Read the rest of this article »

    Posted on 18th December 2018

    STONE CUTTING MACHINE GUARDS FAILED HSE TEST

    Precautions taken following HSE enforcement fell into disuse

    Read the rest of this article »

    Posted on 18th December 2018

    ROOFWORK CREATED CARBON MONOXIDE RISK

    Falling rubble damaged and blocked home chimney flue

    Read the rest of this article »

    Posted on 18th December 2018

    HSE SAFETY ALERT: TOWER CRANE BRAKES

    Collapse of tower crane jib in high winds prompts HSE warning

    Read the rest of this article »

    Posted on 11th December 2018

    VISITING ENGINEER CRUSHED BY SCAFFOLD TUBES

    Principal contractor “signed off” contractor storage arrangements

    Read the rest of this article »

    Posted on 11th December 2018

    CONCRETE EJECTED BY PUMPING UNIT CLAIMED LIFE

    Company and director failed to train and supervise pumping operations

    Read the rest of this article »

    Posted on 5th December 2018
    Ethentic Ethentic Higher Safety Higher Safety Chipmunk Data Chipmunk Data
  • Higher Safety Higher Safety Chipmunk Data Chipmunk Data Ethentic Ethentic