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

    CORPORATE MANSLAUGHTER OFFENCE PROMPTS RECORD FINE

    Third manslaughter prosecution penalty to be paid by instalments to 2015

    Lion Steel Ltd of Cheshire has been ordered to pay £480,000 in fines plus 50% of the prosecution costs after breaching the Corporate Manslaughter and Corporate Homicide Act 2007 (CMCH) in relation to the death of 45-year-old employee. Steven Berry died after he fell through a fragile roof panel at the company premises in May 2008.

    Under CMCH Act 2007 companies and organisations can be found guilty of corporate manslaughter if the way in which their activities are ‘managed or organised’ causes a death, and this amounts to a ‘gross breach’ of a duty of care to the victim. A substantial part of the breach must have been in the way activities were managed by ‘senior management’.

    The fine is the highest fine imposed to date under the CMCH Act 2007 and must be paid in four installments ending in September 2015. Judge Gilbart QC said he would regard it as a “most regrettable consequence” if the fine were to imperil the employment of former colleagues of the deceased. He imposed the fine of £480,000 adding that:

    “The Guideline refers to a fine of less than £ 500,000 seldom being appropriate after a trial. I am quite satisfied that, with a longer payment period, that a loan can be raised on the buildings.”

    As regards cost he imposed an order for £ 84,000 to be paid within 2 years of hearing date. Speaking after the case, Steffan Groch, DWF law firm, which represented Lion Steel, said:

    “we note that the Judge has accepted the company had a good safety record and reflected upon the potential effect of a large fine. It is also noted that the Judge reduced the prosecution costs by almost 50%.

    Today’s conclusion of the prosecution against Lion Steel comes just over four years after the accident to Steven Berry, something which the Judge thought was unacceptable on the part of the prosecution authorities.”

    Alison Storey, specialist prosecutor in the special crime division of the CPS, said at the time of conviction:

    Lion Steel Ltd has pleaded guilty at Manchester Crown Square to the corporate manslaughter of Steven Berry at the Hyde site on Johnson Brook Road. This is the second time a company has been charged with, and now convicted for, the new offence of corporate manslaughter.

    Steven Berry fell through a fragile roof panel and tragically died as a result of injuries sustained in the fall on 29 May 2008. My thoughts are very much with Steven’s family at this difficult time.”

    Latest Construction Health and Safety News

    SEVENTH LONDON CYCLIST DEATH DURING 2018

    Building products vehicle involved in death of Queens doctor

    Read the rest of this article »

    Posted on 17th August 2018

    HSE ENFORCEMENT WEEKLY UPDATE 15th AUGUST 2018

    hselogo1Prosecutions and enforcement notices register latest version

    Read the rest of this article »

    Posted on 15th August 2018

    MAJOR CONTRACTOR FAILED TO SUPERVISE LIFT

    Errors whilst lifting pre-cast concrete blocks fined £600,000

    Read the rest of this article »

    Posted on 14th August 2018

    FIRM FINED £400,000 OVER VIBRATING TOOLS RISK

    Hand-held orbital sanders, rivet guns, grinders and drills caused harm

    Read the rest of this article »

    Posted on 14th August 2018

    OVERHEAD POWER AND EARTHING OF SCAFFOLDS

    NASC combines updates advice on scaffold electrical risks

    Read the rest of this article »

    Posted on 9th August 2018

    REVERSING VEHICLE CLAIMED LIFE OF ‘BANKSMAN’

    Workman trapped whilst assisting colleague in reversing lorry

    Read the rest of this article »

    Posted on 7th August 2018

    TWO WORKMEN DIED IN SPRAY BOOTH EXPLOSION

    Flammable vapour ignited by ignition sources present at the scene

    Read the rest of this article »

    Posted on 6th August 2018

    SOLAR SPECIALIST FAILED TO PLAN FOR SAFETY

    Fragile roof failed under weight of solar installation worker

    Read the rest of this article »

    Posted on 6th August 2018

    DIRECTOR AND COMPANY FINED FOR SAFETY BREACHES

    Basic work at height risks and welfare requirements ignored

    Read the rest of this article »

    Posted on 6th August 2018

    REFURB PROJECT REQUIRED ASBESTOS ASSESSMENT

    Property management firm fined over lack of asbestos survey

    Read the rest of this article »

    Posted on 6th August 2018

    CLIENT FAILED MANAGEMENT ARRANGEMENTS TEST

    Homes developer prosecuted for breaching CDM 2015 client duties

    Read the rest of this article »

    Posted on 6th August 2018

    JAIL TERM FOR DEVELOPER AFTER BUILDING COLLAPSE

    Inexperienced workers demolished structure without Principal Contractor

    Read the rest of this article »

    Posted on 6th August 2018

    CDM 2015 DUTYHOLDERS IGNORED HSE ADVICE

    Contractor, client and director convicted after dangerous site conditions

    Read the rest of this article »

    Posted on 6th August 2018

    MASSIVE FINE OVER USE OF UNSAFE GAS FITTINGS

    College gas installation contractor exposed after multiple gas leaks

    Read the rest of this article »

    Posted on 17th July 2018

    TEMP WORKS DESIGNED BY MANAGER AND UNCHECKED

    Collapse of platform highlighted failure in temporary works management

    Read the rest of this article »

    Posted on 17th July 2018

    RAISING SAFETY STANDARDS FOR CRANE LIFTING OPS

    Major crane seminar seeks to raise standards and share best practice

    Read the rest of this article »

    Posted on 17th July 2018

    WORKMAN SURVIVES 6m FALL THROUGH ROOFLIGHT

    Unsecured boards provided to cover nearby fragile materials

    Read the rest of this article »

    Posted on 17th July 2018

    MAJOR FACILITIES FIRM FAILED ON FLAT ROOF SAFETY

    Site specific planning lacking and safety standards not monitored

    Read the rest of this article »

    Posted on 17th July 2018

    HSE ALERT: UNAUTHORISED ACCESS TO SCAFFOLDS

    hselogo1Regulator sets out new guidance to protect children and the public

    Read the rest of this article »

    Posted on 17th July 2018

    ASSUMING OTHERS WILL ACT IS NO DEFENCE

    Incomplete edge protection caused 8m fall from roof

    Read the rest of this article »

    Posted on 17th July 2018

    LEADING ROOFING SPECIALIST FOUND WANTING

    Risk to employees and the public after failure to meet required standard

    Read the rest of this article »

    Posted on 17th July 2018

    SCAFFOLDER DEVELOPMENT EMBRACED BY INDUSTRY

    CPD training attracts over 2500 scaffolders during first year of operation

    Read the rest of this article »

    Posted on 11th July 2018

    SECURITY PANELS FELL DESPITE EARLY WARNING

    Firm fined £1/4 million after worker crushed by falling fencing

    Read the rest of this article »

    Posted on 10th July 2018

    VEHICLE STRIKE TRIGGERED FALL OF ROOF TRUSSES

    Manufacturer failed to identify a suitable safe system of work

    Read the rest of this article »

    Posted on 10th July 2018

    INCIDENT: CHILD STRUCK BY FALLING OBJECT

    Wood falling from scaffold triggers arrest of two on construction site

    Read the rest of this article »

    Posted on 10th July 2018
    Ethentic Ethentic Higher Safety Higher Safety Chipmunk Data Chipmunk Data
  • Higher Safety Higher Safety Chipmunk Data Chipmunk Data Ethentic Ethentic