Turner Access Higher Safety Total Access
Total Access Ethentic Chipmunk Data
Chipmunk Data Turner Access Ethentic

JUDGE BRANDS PROSECUTION DELAY ‘DISGRACEFUL’

Major construction industry players face trial as contractor pleads guilty

The Liverpool Echo has reported that the parents of a welder who died on a construction site will have their seven-year wait for answers ended after a judge branded the delay “disgraceful”.

The death of Christopher Heaton, aged 25, occurred on a Manchester apartments project in April 2004 when he fell  more than 25m from scaffolding during work carried out by Shawton Engineering Ltd.

The company has now pleaded guilty to health and safety offences at Liverpool Crown Court. It was alleged that the company failed to ensure safe systems of work for Christopher and a co-worker.

Amec Group Ltd and Buro Happold Ltd are also said to be charged with offences and will face trial next year after Judge Nigel Gilmour ordered for defence statements to be served in January 2011.  The judge added: “There is a quite disgraceful delay in this prosecution.”

Comment

Delay in concluding health and safety investigations and any subsequent criminal proceedings is a cause of concern to many parties. It is vital for justice that the entire process is concluded as swiftly as possible. 

The relatives of those who have died at work seek explanations, justice or closure whilst witnesses want relief from the stress and anxiety that comes from waiting to give evidence. 

The greatest delay usually occurs where a death is involved although even some non-fatal accidents have taken over 5 years from incident to commencement of proceedings.

Where a death is involved the process is inevitably protracted. The police will first consider manslaughter and corporate manslaughter. If there is insufficient evidence for a manslaughter prosecution a further investigation and consideration will be carried out by HSE. In addition, an inquest will need to be concluded.

The causes of delay are various and include: 

  1. HSE, Police, CPS and Coroner inefficiency during the investigation, inquiry and decision making process. The way in which these parties cooperate is improving but poor organisation and collaboration on their part is still a major cause of delay; 
  2. Defence team induced delay leading to excessive time between instigation and conclusion of proceedings; and 
  3. Court induced delay arising from the inefficiencies of the justice system in managing and concluding health and safety prosecutions.  

Latest Construction Health and Safety News

HSE ENFORCEMENT WEEKLY UPDATE 21st FEB 2018

hselogo1Prosecutions and enforcement notices weekly update and analysis

Read the rest of this article »

Posted on 21st February 2018

CLEANING ASBESTOS CEMENT ROOF CAUSED DANGER

High pressure jet washing spread asbestos fibres around premises

Read the rest of this article »

Posted on 21st February 2018

HSE INSPECTOR GUIDE TO RISK ASSESSMENT

Regulator offers training course on all aspects of risk assessment

Read the rest of this article »

Posted on 21st February 2018

PUZZLES HELP DELIVER HEALTH RISKS AWARENESS

Innovative puzzle products supplier extends the range of training aids

Read the rest of this article »

Posted on 20th February 2018

NEW ISO 45001 MANAGEMENT STANDARD IMMINENT

Standard capable of replacing OHSAS 18001 with relative ease

Read the rest of this article »

Posted on 20th February 2018

APPEAL COURT RULES ON LEGAL PRIVILEGE CASE

Decision may prompt further caution during internal investigations

Read the rest of this article »

Posted on 20th February 2018

TIPPER TRUCK STRUCK PEDESTRIAN ON SITE ROAD

Contractor fined £500,000 over poor traffic management arrangements

Read the rest of this article »

Posted on 16th February 2018

FALLING SCAFFOLD CLIP STRUCK PASSER-BY

Firm failed to follow risk assessment and method statement

Read the rest of this article »

Posted on 16th February 2018

HSE ENFORCEMENT WEEKLY UPDATE 14th FEB 2018

hselogo1Prosecutions and enforcement notices weekly update and analysis

Read the rest of this article »

Posted on 16th February 2018

HOMES FIRM FINED £1/2M OVER DUMPER DEATH

Developer and contractor failed to manage people and plant interface

Read the rest of this article »

Posted on 14th February 2018

SUPREME COURT RULES ON HSE ENFORCEMENT NOTICES

Post service evidence can be used to support HSE notice appeals

Read the rest of this article »

Posted on 9th February 2018

SAFE INSTALLATION OF PRE-CAST FLOORING

Code of Practice for health and safety updated by industry federation

Read the rest of this article »

Posted on 8th February 2018

HSE ENFORCEMENT WEEKLY UPDATE 8th FEB 2018

hselogo1Prosecutions and enforcement notices weekly update and analysis

Read the rest of this article »

Posted on 8th February 2018

MANUAL HANDLING MUST INVOLVE ‘REAL RISK’

Court provides clarity on manual handling risk assessment rules

Read the rest of this article »

Posted on 7th February 2018

SKIP LORRY DRIVER FATALLY INJURED BY LOADER

Hire company fined after lorry driver crushed between two vehicles

Read the rest of this article »

Posted on 5th February 2018

PUBLIC RISK COSTS CONTRACTOR DEARLY

Principal Contractor failed to assess and supervise work

Read the rest of this article »

Posted on 5th February 2018

TUBES FELL WHILST LIFTING OVER PERSONS BELOW

Lifting operations were not carried out in safe manner

Read the rest of this article »

Posted on 2nd February 2018

‘DAREDEVIL’ SCAFFOLDER LANDS IN DOCK

Former HSE Inspector snaps dangerous working practices at 60 feet

Read the rest of this article »

Posted on 2nd February 2018

HSE ENFORCEMENT WEEKLY UPDATE 1st FEB 2018

hselogo1Prosecutions and enforcement notices weekly update and analysis

Read the rest of this article »

Posted on 1st February 2018

DIDCOT FATAL COLLAPSE: INVESTIGATION UPDATE

Police and HSE still seeking to understand why boiler house collapsed

Read the rest of this article »

Posted on 1st February 2018

SCAFFOLDER TRAINING REACHES NEW HEIGHTS

CISRS training card renewal by CPD embraced by scaffolders

Read the rest of this article »

Posted on 30th January 2018

HSE SUMMARY OF CONSTRUCTION SECTOR HARM

Infographic provides insight into industry priority hazards

Read the rest of this article »

Posted on 29th January 2018

FIRM FAILED TO IMPLEMENT AGREED CONTROLS

Risk assessment carried out but precautions not taken

Read the rest of this article »

Posted on 29th January 2018

HSE MUSCULOSKELETAL DISORDERS SUMMIT 2018

hselogo1Regulator focuses on MSDs in construction and others sectors

Read the rest of this article »

Posted on 28th January 2018

LOAD FELL FROM MAGNET AND STRUCK WORKMAN

Firm failed to properly assess and revise crane safe working load

Read the rest of this article »

Posted on 25th January 2018
Turner Access Chipmunk Data
Total Access Ethentic
Higher Safety Turner Access