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

CALL FOR WORKPLACE DRINK DRIVING LAW

Family urge change in law after death of child on ‘private’ work site

The driver of tractor who ran over and fatally injured 11-year-old Harry Whitlam has been sentenced to 16 months and 2 weeks in prison under health and safety legislation which carries a maximum penalty of two years in jail.

The driver is likely to serve half that time in jail. If the death had occurred on a public road lawyers believe he would likely have been jailed for six years. Harry’s mother Pamela Whitlam said after the case:

“There has to be a change to this ridiculous, out-dated law and we are calling for that in Harry’s name.”

Gary Green, aged 52, who has two convictions for drink-driving could not be prosecuted for causing death by dangerous driving under the Road Traffic Act 1988 because the death did not occur on a “road” which is defined under that Act as:

“any highway and any other road to which the public has access.”

Driver over ‘road’ drink limit

Harry Whitlam regularly attended Swithens Farm where his mother worked. Parts of the petting farm were open to the public, while other sections were closed off and separated from the public by barriers.

Leeds Crown Court heard that it was normal practice for Harry, 11, to be allowed in the working area of the farm but the workers would ensure that he was accompanied or he would remain in the public section.

HSE investigators found that on 9 August 2013, a tractor within the closed off section of the farm was reversing up the yard to attach its vacuum trailer to the septic tank. At 9:15am in the morning Harry was walking towards a member of staff when he was fatally struck by the tractor.

Gary Green, the driver of the tractor, was breathalysed following the incident by the police and was found to be 2.5 times over the alcohol limit for driving on a road.

Motoring law does not apply on private land

Gary Green, Bradburn Road, Wakefield, pleaded guilty to breaching Section 3(2) of the Health and Safety at Work etc. Act (1974) and was sentenced to 16 months and 2 weeks in prison, with immediate effect.

HSE Inspector Julian Franklin, said

“This is an extremely tragic case. Harry was a young boy whose life was cut short by the reckless behaviour of Gary Green. Drink driving legislation does not apply on private land but it does not mean you can blatantly disregard the health and safety of those around you when driving heavy and dangerous machinery.”

From the Mail Online

Latest Construction Health and Safety News

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

HOUSEHOLDER EXPOSED TO ASBESTOS RISK

Builder removed AIB during garage conversion in unsafe manner

Read the rest of this article »

Posted on 22nd August 2017

ASBESTOS REMOVAL FIRM IN MULTIPLE BREACH

Director sentenced to prison term and company fined £100k

Read the rest of this article »

Posted on 22nd August 2017

WORKMAN DIED IN FALL DURING ROOFWORK

Contractors failed to manage risk, communicate and coordinate work

Read the rest of this article »

Posted on 22nd August 2017
Turner Access Chipmunk Data
Total Access Ethentic
Higher Safety Turner Access