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

MAJOR CONTRACTORS LAUNCH H&S ALERT SYSTEM

Build UK members share information for effective prevention of harm

Read the rest of this article »

Posted on 19th July 2017

HSE ENFORCEMENT WEEKLY UPDATE 19th JULY 2017

hselogo1Prosecutions and enforcement notices weekly update and analysis

Read the rest of this article »

Posted on 19th July 2017

STRUCTURAL SAFETY BODY LATEST NEWSLETTER

SCOSS publishes reports and expert comment on a range of issues

Read the rest of this article »

Posted on 18th July 2017

SAFE SYSTEM DEVISED BUT NOT IMPLEMENTED

Workman injured by goods falling from double-decked trailer

Read the rest of this article »

Posted on 18th July 2017

PREVENTION PLANNING REQUIRED FOR FRAGILE RISK

Fall arrest safety netting not used to mitigate fall consequences

Read the rest of this article »

Posted on 17th July 2017

MANAGEMENT OF FORMWORK NOT UP TO THE MARK

Erector fell 3m after access scaffold board failed under load

Read the rest of this article »

Posted on 17th July 2017

VIBRATION UNCONTROLLED & WORKERS UNINFORMED

Engineering firm fined £120,000 over hand-arm vibration risk

Read the rest of this article »

Posted on 14th July 2017

HSE ENFORCEMENT WEEKLY UPDATE 12th JULY 2017

hselogo1Prosecutions and enforcement notices weekly update and analysis

Read the rest of this article »

Posted on 12th July 2017

SCAFFOLDER WAS UNTRAINED AND UNSUPERVISED

Contractor and director failed to train injured workman to CISRC scheme

Read the rest of this article »

Posted on 10th July 2017

WORKPLACE MANSLAUGHTER OUTCOMES SET TO RISE

Guidelines target gross negligence with serious disregard and cost-cutting

Read the rest of this article »

Posted on 7th July 2017

WORKMAN BURNT CLEANING WITH FLAMMABLE LIQUIDS

Flammable substance and unprotected electrical equipment trigger flash fire

Read the rest of this article »

Posted on 7th July 2017

PUWER FAILINGS AND INJURY END IN £1,900,000 FINE

Massive fine after workman suffers friction burns caused by conveyor

Read the rest of this article »

Posted on 7th July 2017

HSE ENFORCEMENT WEEKLY UPDATE 5th JULY 2017

hselogo1Prosecutions and enforcement notices weekly update and analysis

Read the rest of this article »

Posted on 7th July 2017

HSE REPORTS CONSTRUCTION DEATHS AT RECORD LOW

hselogo1Fatalities decline whilst asbestos related mesothelioma deaths rise

Read the rest of this article »

Posted on 5th July 2017

CURSORY AND NEGLIGENT ASSESSMENT BY DIRECTOR

Building firm owner jailed after workman died in trench collapse

Read the rest of this article »

Posted on 3rd July 2017

UPDATE – DIRECTOR AND EXCAVATOR OPERATOR JAILED

Excavation collapse dangers ignored by director and digger operator

Read the rest of this article »

Posted on 3rd July 2017

HSE SAFETY ALERT: TRACK TENSIONING INCIDENT

hselogo1Workman died from hydraulic injection injury whilst tensioning track

Read the rest of this article »

Posted on 30th June 2017

OXYGEN PIPE EXPLOSION CAUSED SEVERE BURNS

Components used containing materials unsuitable for use with oxygen

Read the rest of this article »

Posted on 30th June 2017

HSE ENFORCEMENT WEEKLY UPDATE 28th JUNE 2017

hselogo1Prosecutions and enforcement notices weekly update and analysis

Read the rest of this article »

Posted on 28th June 2017

ROOF FALL CAUSES LIFE CHANGING INJURIES

Inadequate planning and absence of necessary equipment caused fall

Read the rest of this article »

Posted on 25th June 2017

LIFT PLANNING AND CONTROL FOUND WANTING

Female building worker struck by scaffold fittings tipped from stillage

Read the rest of this article »

Posted on 25th June 2017

FATALITY: CRANE COLLAPSE ON HOMES PROJECT

Two workmen die in crane collapse in Crewe

Read the rest of this article »

Posted on 23rd June 2017

BUILD UK EXPLAINS PROJECT H&S TRAINING STANDARD

UK contractors clarify skill cards needed on CDM 2015 projects

Read the rest of this article »

Posted on 21st June 2017

HSE ENFORCEMENT WEEKLY UPDATE 21 JUNE 2017

hselogo1Prosecutions and enforcement notices weekly update and analysis

Read the rest of this article »

Posted on 21st June 2017

CIVILS FIRMS PAYS PRICE OVER PUBLIC DANGER

Fencing wire struck member of public relaxing in own garden

Read the rest of this article »

Posted on 20th June 2017
Turner Access Chipmunk Data
Total Access Ethentic
Higher Safety Turner Access