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

    CORPORATE MANSLAUGHTER CASE SENTENCED

    Fine in banana boat ride death case has few lessons for construction

    Princes Sporting Club Limited has pleaded guilty (22 Nov) to Section 1(1) of the Corporate Manslaughter and Corporate Homicide Act 2007 following the death of an 11-year-old girl resulting from a water sports activity organised on 11 September 2010 in Bedfont, Middlesex.

    Company director Frederick Glen Walker was cleared of any offences after the Crown Prosecution Service dropped charges against him.

    Mari-Simon Cronje died during a birthday celebration when she fell from the banana boat into a lake. The boat driver had no UK-recognised qualification despite having five years’ experience as a ski-boat driver.

    The court heard factors which contributed to the  death included: lack of an observer on the boat at the time of the incident; speed of the boat;  s ”unnecessary” turning at tight angles; and the colour of the equipment the children were wearing – making it difficult to spot them if they fell in the water.

    Significant failings in the way water sports were organised

    The company was ordered to pay a fine of £134,579.69.

    Elizabeth Joslin of the Crown Prosecution Service Special Crime Division said:

    “This is a tragic case in which 11-year-old Mari-Simon Cronje died during a birthday party at Princes Sporting Club Ltd. Today’s guilty plea to corporate manslaughter is an acknowledgement that there were significant failings in the way water sports were organised at this club.

    This was a gross breach of the duty of care owed to Mari-Simon which could have been avoided by having a competent adult in the towing boat acting as an observer and we are pleased this company has been held criminally accountable for this significant failing.

    We sincerely hope that the message of this case is clearly understood by all parts of the leisure industry offering similar rides. Our thoughts are with Mari-Simon’s parents and brother at this time.”

    Comment

    The fine is such cases is determined in accordance with The Sentencing Guidelines Council which anticipate a broad range of fines reflecting the range of seriousness involved and circumstances of the defendants.

    Fines do not attempt to value a human life in money but are designed to punish the defendant and are therefore tailored not only to what it has done but also to its individual circumstances.

    However, the Guidelines go on to say: Corporate Manslaughter  – an “appropriate fine will seldom be less than £500,000 and may be measured in millions of pounds.” Health and Safety – “the appropriate fine will seldom be less than £100,000 and may be measured in hundreds of thousands of pounds or more.

    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