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

COURT OF APPEAL ON SENTENCING H&S CASES

Sellafield and Network Rail lose appeals against sentence

The joined cases of R v Sellafield Ltd and R v Network Rail Infrastructure Ltd [2014] EWCA Crim 49 have been considered by UK Court of Appeal regarding the factors to be taken into account in relation to the level of fines imposed on companies for health and safety offences.

Sellafield was fined £700,000 after pleading guilty to offences concerning the disposal of radioactive waste. Network Rail was fined £500,000 arising from a collision at an unmanned level crossing. Both defendants appealed against the level of fines imposed.

Both appeals dismissed

In dismissing the appeals the Court referred to the principles of sentencing in the Criminal Justice Act (CJA) 2003 which requires the court to have regard to: the purpose of the fine; including punishing and rehabilitating offenders; and protecting the public.

In addition the Court made the following points:

  • the court must consider culpability of the offender; harm caused or that might foreseeably be caused; the financial circumstances of the offender; and the seriousness of the offence;
  • CJA 2003 requires regard to the financial circumstances of the offender. This is also made clear in the Council Corporate Manslaughter & Health and Safety Offences Causing Death sentencing guidelines published in 2010;
  • there is no ceiling on the amount of a fine that can be imposed, particularly on a very large company. A fine of £1 million was not only applicable to a major disaster;
  • the fine must be large enough to ensure that the message is brought home to the directors and members of the company (usually the shareholders);
  • the court focussed on the financial circumstances of the corporate defendants to ensure that the fines imposed would directly affect the shareholders and directors.

Latest Construction Health and Safety News

REVERSING EXCAVATOR CRUSHED WORKMAN

Lack of management system to segregate pedestrians and vehicles

Read the rest of this article »

Posted on 21st September 2017

CLIENT FINED £2.5 MILLION AFTER CONTRACTOR DEATH

Fatal fall through roof leaves client responsible for massive fine

Read the rest of this article »

Posted on 21st September 2017

HSE ENFORCEMENT WEEKLY UPDATE 20th SEPT 2017

hselogo1Prosecutions and enforcement notices weekly update and analysis

Read the rest of this article »

Posted on 20th September 2017

NEW EDGE PROTECTION INSTALLATION TRAINING

Trade body launches CSCS backed edge protection installer qualification

Read the rest of this article »

Posted on 18th September 2017

GOVERNMENT CALLS FOR ACTION ON ILL-HEALTH

Business leaders accept charge of inaction on work-related ill-health

Read the rest of this article »

Posted on 18th September 2017

FIRM FAILED TO ENFORCE FORK LIFT SEAT BELT USE

Operator suffered fatal crush injuries after FLT overturned

Read the rest of this article »

Posted on 18th September 2017

DIRECTOR AND FOREMAN JAILED OVER FATAL FALL

Failure to act on HSE advice ended in gross negligence manslaughter

Read the rest of this article »

Posted on 18th September 2017

PRISON SENTENCE FOR ROOFING CONTRACTOR

Council H&S officers reported dangerous roof work to HSE

Read the rest of this article »

Posted on 14th September 2017

HSE ENFORCEMENT WEEKLY UPDATE 14th SEPT 2017

hselogo1Prosecutions and enforcement notices weekly update and analysis

Read the rest of this article »

Posted on 14th September 2017

LADDER STANDARDS MOVE UP A RUNG OR TWO

Ladder Association guide to fundamental changes in ladder standard

Read the rest of this article »

Posted on 12th September 2017

SILICA (RCS) DUST LIMIT – THE ONLY WAY IS DOWN?

US regulator cuts RCS exposure standard to half UK limit

Read the rest of this article »

Posted on 12th September 2017

SAFE2TORCH – REDUCING FLAT ROOF FIRE RISK

Industry body seeks to reduce ‘torch’ triggered fires at design stage

Read the rest of this article »

Posted on 8th September 2017

FIRM AND DIRECTOR SENTENCED OVER GAS RISK

Poorly planned extension prevented effective gas venting

Read the rest of this article »

Posted on 7th September 2017

£1 MILLION CLIENT FINE FOLLOWS FATAL FALL

Electrician died after fall from step ladder provided by client

Read the rest of this article »

Posted on 7th September 2017

HSE ENFORCEMENT WEEKLY UPDATE 6th SEPT 2017

hselogo1Prosecutions and enforcement notices weekly update and analysis

Read the rest of this article »

Posted on 7th September 2017

HAVS HEALTH CHECK PROMPTS HSE PROSECUTION

Assessment of vibration exposure and control measures found wanting

Read the rest of this article »

Posted on 7th September 2017

HSE LUNG DISEASE SUMMIT TARGETS SILICA DUST (RCS)

Regulator starts major initiative on lung disease in construction

Read the rest of this article »

Posted on 1st September 2017

HSE COST RECOVERY NOW “FULLY INDEPENDENT”

hselogo1New Fee for Intervention disputes procedure now in place

Read the rest of this article »

Posted on 1st September 2017

CLIENT FINED AS CDM 2015 PRINCIPAL CONTRACTOR

Failure by client to appoint attracts PC duties by default

Read the rest of this article »

Posted on 30th August 2017

JOINER PARALYSED AFTER FALL THROUGH JOISTS

Fall prevention and risk minimisation measures not taken

Read the rest of this article »

Posted on 30th August 2017

HSE ENFORCEMENT WEEKLY UPDATE 30th AUG 2017

hselogo1Prosecutions and enforcement notices weekly update and analysis

Read the rest of this article »

Posted on 30th August 2017

COMPLAINT COSTS CONTRACTOR £145,000 IN FINES

HSE prosecute CDM 2015 Principal Contractor over risk without injury

Read the rest of this article »

Posted on 29th August 2017

HSE ENFORCEMENT WEEKLY UPDATE 23rd AUG 2017

hselogo1Prosecutions and enforcement notices weekly update and analysis

Read the rest of this article »

Posted on 23rd August 2017

HSE CONSTRUCTION FATALITY RECORDS: Q1 2017/18

Latest HSE fatality records reveal four (4) deaths in first three months

Read the rest of this article »

Posted on 23rd August 2017

HSE ON SILICA DUST (RCS): RISK MANAGEMENT UPDATE

New guidance available on key HSE Construction Sector priority

Read the rest of this article »

Posted on 23rd August 2017
Turner Access Chipmunk Data
Total Access Ethentic
Higher Safety Turner Access