• Total Access Total Access Ethentic Ethentic
    Higher Safety Higher Safety Chipmunk Data Chipmunk Data

    MANSLAUGHTER CHARGES OVER FAILED BOLT FATALITY

    Oil giant faces HSW Act allegations and contractor charged with manslaughter 

    The Crown Prosecution Service (CPS) has announced (20 July) that Esso Petroleum Company Limited (Esso) and Austin and McLean Limited are to be charged in relation to the death of Juan Antonio Quintanilla Romero from Honduras.

    Mr Juan Antonio Quintanilla Romero was working on a fuel tanker which had docked at the Oil Refinery in Fawley, Southampton, when he died on 30 August 2008. A large fuel pipe collapsed on him after the jib from which it was suspended gave way as a connector bolt, which was severely corroded, failed.

    Offences to be charged:

    • Esso Petroleum Company Limited: Health and Safety at Work Act 1974 s.2, 3 & 4; Regulation 9 of the Lifting Operations and Lifting Equipment Regulations 1998 (LOLER); Regulation 5 Provision and Use of Work Equipment Regulations 1998 (PUWER 98)
    • Austin and McLean Limited: Gross negligence manslaughter against the company (corporate manslaughter under the common law); Health and Safety at Work Act 1974 s.2 & 3

    Hampshire Police Service/HSE investigated the incident and liaised with the CPS for advice on whether any criminal charges should be brought against either Esso Petroleum Company Limited (Esso) – who own the Fawley Refinery and the jib that collapsed – or Austin and McLean Limited – who were hired by Esso to undertake maintenance on the jib.

    Representatives of Esso and Austin and McLean Limited will appear at Southampton Magistrates’ Court on 5 September 2012.

    Offence of gross negligence manslaughter

    Gaon Hart, Senior Crown Advocate in the Special Crime team at the CPS said:

    “I have very carefully considered the evidence and have decided that Austin and McLean Limited should be charged with offences including an offence of gross negligence manslaughter, relating to a gross breach of their duty of care towards Mr Romero.

    I have also decided that Esso should be charged with Health and Safety at Work Act 1974 offences including those under sections 2, 3 and 4 relating to a failure to ensure, so far as is reasonably practicable, the health and safety at work of employees and visitors.

    I have concluded that there is sufficient evidence resulting from the investigation to provide a realistic prospect of conviction and that a prosecution is required in the public interest. Those are the tests set out in the Code for Crown Prosecutors.”

    Latest Construction Health and Safety News

    HSE ENFORCEMENT WEEKLY UPDATE 13th JUNE 2018

    hselogo1Prosecutions and enforcement notices register latest version

    Read the rest of this article »

    Posted on 13th June 2018

    DIRECTOR FAILED COMPLY WITH HSE PROHIBITION

    Precautions not taken to prevent excavation collapse and falling

    Read the rest of this article »

    Posted on 11th June 2018

    SCAFFOLD NOT TO INDUSTRY STANDARD OR DESIGN

    Specialist and contractor in court over unsafe work at height

    Read the rest of this article »

    Posted on 7th June 2018

    ROAD WORKER RUN OVER BY ROAD ROLLER

    Reversing alarm not working and warning light not fitted

    Read the rest of this article »

    Posted on 5th June 2018

    CLIENT AND SURVEYOR FINED OVER ASBESTOS SURVEY

    Refurbishment and demolition asbestos survey proved inadequate

    Read the rest of this article »

    Posted on 5th June 2018

    FATALITY: ROAD WORKER DRAGGED ALONG ROAD

    Night shift worker loses life when struck by road sweeping vehicle

    Read the rest of this article »

    Posted on 3rd June 2018

    CDM PRINCIPAL DESIGNERS AVOID HSE ENFORCEMENT

    Regulator enforcement database reveals few notices involve CDM PDs

    Read the rest of this article »

    Posted on 3rd June 2018

    PROPERTY MANAGERS FINED WITH CONTRACTOR

    Defendants failed to check for asbestos during soffit replacement works

    Read the rest of this article »

    Posted on 29th May 2018

    EXCAVATION CAUSED RETAINING WALL COLLAPSE

    Precautions not taken to secure stability of free-standing wall

    Read the rest of this article »

    Posted on 29th May 2018

    OVERHEAD CABLE STRIKE FIRM FINED £500,000+

    Inadequate system caused risk of harm despite lack of worker injury

    Read the rest of this article »

    Posted on 29th May 2018

    CDM 2015 PRINCIPAL DESIGNER FINED OVER FIRE RISK

    PD and PC failed to comply with CDM 2015 responsibilities

    Read the rest of this article »

    Posted on 23rd May 2018

    SENTENCING GUIDELINES UNDER THE MICROSCOPE

    Lawyer argues guidelines undermine reduction in ‘regulatory burden’

    Read the rest of this article »

    Posted on 23rd May 2018

    PANEL STRUCK WORKMAN DURING LIFTING OPERATION

    Third party contractor falls victim of poor lift planning

    Read the rest of this article »

    Posted on 21st May 2018

    DIRECTOR LED HAZARDOUS WORK AT HEIGHT

    Three occasions when work lacked suitable and sufficient precautions

    Read the rest of this article »

    Posted on 21st May 2018

    RISK ASSESSED BUT CONTROLS FOUND WANTING

    Joiner fell through unprotected opening on roof of new building

    Read the rest of this article »

    Posted on 21st May 2018

    RIBA CRITICAL OF HACKITT REVIEW FINAL REPORT

    High rise residential review dismissed as “major missed opportunity”

    Read the rest of this article »

    Posted on 21st May 2018

    CONSTRUCTION SECTOR DEATHS: THE ‘BIG THREE’

    HSE in-year fatalities for 2017/18 may indicate upward trend

    Read the rest of this article »

    Posted on 16th May 2018

    SCAFFOLDING SITE ACCIDENTS AT RECORD LOW

    NASC Annual Report reveals all time low in 2017 incidents

    Read the rest of this article »

    Posted on 14th May 2018

    DUMPER TRUCK HAND-BRAKE NOT MAINTAINED

    Workman injured when pinned against stack of concrete blocks

    Read the rest of this article »

    Posted on 14th May 2018

    SPARE POWER INTERLOCK KEY CAUSED DEATH

    Dangerous machinery safety precautions defeated for maintenance tasks

    Read the rest of this article »

    Posted on 10th May 2018

    COLLAPSED CAR PARK WAS UNDER REPAIR

    Rusted steel supports triggered collapse of fascia and floor

    Read the rest of this article »

    Posted on 8th May 2018

    DUMPER OVERTURN CAUSED FATAL INJURIES

    Precautions during spoil heap creation were inadequate

    Read the rest of this article »

    Posted on 8th May 2018

    HARDWOOD DUST CONTROL NOT MAINTAINED

    Manufacturer failed to examine and test local extraction system

    Read the rest of this article »

    Posted on 8th May 2018

    SCAFFOLD CONTRACTOR OVERLOOKED MAJOR HAZARD

    Well-known risk unidentified during scaffold erection project

    Read the rest of this article »

    Posted on 8th May 2018

    THREE FIRMS FINED £1/2M FOR FRAGILE RISK FAILURES

    Fall through rooflight hazard poorly planned and managed

    Read the rest of this article »

    Posted on 2nd May 2018
    Total Access Total Access Ethentic Ethentic
    Higher Safety Higher Safety Chipmunk Data Chipmunk Data