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

CORPORATE MANSLAUGHTER PROSECUTION

Company and director plead guilty to CMCH and HSW Act charges

It has been reported by the Basingstoke Gazette that Mr Mervyn Owens and Mobile Sweepers (Reading) Ltd have appeared at Winchester Crown Court today after pleading guilty to failing to discharge a health and safety duty and corporate manslaughter duty respectively.

The prosecutions arise from the death of Malcolm Hinton on 6 March 2012 at Riddings Farm, near Basingstoke. Mr Hinton died from crush injuries after working on a repair underneath a road-sweeping truck at Mobile Sweepers (Reading) Limited. He had inadvertently removed a hydraulic hose, which caused the back of the truck to fall on him.

The CPS charged Mobile Sweepers (Reading) Limited with corporate manslaughter under the Corporate Manslaughter and Corporate Homicide Act 2007 and Mr Owen was originally charge with gross negligence manslaughter.

The CPS also authorised charges against both Mobile Sweepers (Reading) Limited and Mr Owens with an offence under Section 2 of the Health and Safety at Work Act 1974 and also with an offence under Regulation 5(1) of the Provision and Use of Work Equipment Regulations.

Sweeper supported on its own hydraulic system

The Gazette reports that the court was told that the employer of Mr Hinton “had so little regard for health and safety that it was only a matter of time before someone died”. Mr Hinton had no training in mechanics and ‘props’ were not available to stop the sweeper falling. The lighting on site was also said to be very poor.

The sweeper was raised from the ground using its own hydraulic system and Mr Hinton inadvertently cut through the hydraulic hose. He suffered massive head and chest injuries and died “almost instantly”. Prosecuting for the Crown, Esther Schutzer-Weissmann said there was a culture of:

“blatantly disregarding the health and safety of those who worked there and those who came into contact with it. It was only a matter of time before someone died. Over many years the company had been run on a shoestring.”

Police and HSE investigations found that six sweepers owned by the company had a “litany of faults”. Vehicles were not properly maintained, repairs were inadequate, there were no records of maintenance kept and no training had been offered.

Richard Matthews representing Mr Owens said that his client felt “deep and genuine” remorse over the death of his friend. He has since set up another business which was run in a “completely different way”. He said in his submission that £100,000 would be the maximum recoverable amount his client could afford to pay.

Andrew McGee representing Mobile Sweepers Ltd, said:

“It is right to say that the company accepted this is a very serious offence. It has not sought to belittle the seriousness of this offence.”

Owens and Mobile Sweepers Ltd will be sentenced at a later date.

Latest Construction Health and Safety News

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

DELAYED RESCUE CONTRIBUTED TO DEATH AT HEIGHT

MEWP operator died trapped between controls and roof beam

Read the rest of this article »

Posted on 20th June 2017

CLIENT FINED UNDER CDM 2007 & CDM 2015

Construction work must be properly managed from outset

Read the rest of this article »

Posted on 19th June 2017

WORKMAN BURNED WHILST CUTTING LIVE CABLE

Firms to pay £500,000 over unsafe system for electrical work

Read the rest of this article »

Posted on 19th June 2017

WORKMAN CHEATS DEATH IN 8M ROOFLIGHT FALL

Steel fabricators fined over unsafe short-term roofwork

Read the rest of this article »

Posted on 19th June 2017

HOMES FIRM DIRECTOR CONVICTED OF MANSLAUGHTER

Excavation collapse dangers ignored by director and digger operator

Read the rest of this article »

Posted on 14th June 2017

HSE ENFORCEMENT WEEKLY UPDATE 14th JUNE 2017

hselogo1Prosecutions and enforcement notices weekly update and analysis

Read the rest of this article »

Posted on 14th June 2017

BOSS AND FOREMAN CONVICTED OF MANSLAUGHTER

Safety standards allowed to fall despite HSE enforcement action

Read the rest of this article »

Posted on 10th June 2017

WORK AT HEIGHT ADVANCES HIGHLIGHTED AT EXPO

Access Industry Forum (AIF) puts height safety first at Expo 2017

Read the rest of this article »

Posted on 9th June 2017

PRICE OF NON-COMPLIANCE RISES STEADILY

Roofing company fined £80,000 for ignoring advice and HSE notice

Read the rest of this article »

Posted on 9th June 2017

MANUAL HANDLING OFFENCE FINED £67,000

Significant risk in handling excavator wheel not avoided or assessed

Read the rest of this article »

Posted on 8th June 2017

COMPANY RELIED UPON EXPERIENCED WORKERS

Lack of precautions to prevent fall through fragile rooflight

Read the rest of this article »

Posted on 7th June 2017

CLIENT FAILED TO APPOINT COMPETENT CONTRACTOR

Contractor receives prison term whilst CDM client fined £160,000

Read the rest of this article »

Posted on 7th June 2017

PUZZLES HELP DELIVER CITB AND NEBOSH COURSES

Innovative new tool available to support effective H&S training

Read the rest of this article »

Posted on 7th June 2017

NEW DUMPER TO IMPROVE SAFETY AND EFFICIENCY

Manufacturer promises greater visibility, stability and operator protection

Read the rest of this article »

Posted on 7th June 2017

HSE ENFORCEMENT WEEKLY UPDATE 7th JUNE 2017

hselogo1Prosecutions and enforcement notices weekly update and analysis

Read the rest of this article »

Posted on 7th June 2017

NEW GUIDE ON GUILTY PLEA SENTENCING

Sentencing Council guidelines may assist corporate H&S offenders

Read the rest of this article »

Posted on 6th June 2017

MAJOR CONTRACTOR RESPONDS TO ‘BEARDS BAN’ BLAST

Union calls for dust elimination and consultation before imposing ban

Read the rest of this article »

Posted on 5th June 2017

CONSTRUCTION DEATHS TUMBLE IN 2016/17

Latest HSE latest records suggests substantial drop in worker fatalities

Read the rest of this article »

Posted on 5th June 2017

WRONGLY INSTALLED MACHINE SEVERED HAND

Manufacturer instructions not followed during saw installation

Read the rest of this article »

Posted on 2nd June 2017
Turner Access Chipmunk Data
Total Access Ethentic
Higher Safety Turner Access