• Total Access Higher Safety
    Turner Access Chipmunk Data

    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

    SAFETY IS DEAD … LONG LIVE HEALTH AT WORK

    Simple and realistic framework to help unify thinking about H&S

    Read the rest of this article »

    Posted on 29th May 2017

    REVERSING TELEHANDLER CAUSED SITE DEATH

    Principal Contractor and contractor held jointly responsible

    Read the rest of this article »

    Posted on 26th May 2017

    PLANNING AND DESIGN ERRORS BEHIND FOUR DEATHS

    Prison sentence and fines follow steel cage collapse tragedy

    Read the rest of this article »

    Posted on 26th May 2017

    FAILED HSE SITE INSPECTION ENDS IN COURT

    Injury not required for accountability over poor safety standards

    Read the rest of this article »

    Posted on 26th May 2017

    RISK ASSESSMENT BREACH PROMPTS £400,000 FINE

    Fatality revealed assessment was not suitable and sufficient

    Read the rest of this article »

    Posted on 24th May 2017

    HSE ENFORCEMENT WEEKLY UPDATE 24th MAY 2017

    hselogo1Prosecutions and enforcement notices weekly update and analysis

    Read the rest of this article »

    Posted on 24th May 2017

    LACK OF SAFE PLATFORMS FOR WORK ON CRANE

    Major crane hire company erred on work at height precautions

    Read the rest of this article »

    Posted on 22nd May 2017

    SECOND CORPORATE MANSLAUGHTER CASE IN WEEK

    Double fatality represented pattern of serious neglect

    Read the rest of this article »

    Posted on 22nd May 2017

    DIRECTORS JAILED AND FIRM FINED FOR MANSLAUGHTER

    Client paid £100,000 less than economic cost for roof work

    Read the rest of this article »

    Posted on 22nd May 2017

    SOLAR PANEL FIRM AND DIRECTOR IN COURT

    Ineffective use of fall arrest no substitute for proper precautions

    Read the rest of this article »

    Posted on 22nd May 2017

    FIRM FAILED TO SECURE COMPETENT ASSISTANCE

    Court holds manager to account over inaction on risk management

    Read the rest of this article »

    Posted on 22nd May 2017

    HSE ENFORCEMENT WEEKLY UPDATE 17th MAY 2017

    hselogo1Prosecutions and enforcement notices weekly update and analysis

    Read the rest of this article »

    Posted on 21st May 2017

    HSE ENFORCEMENT WEEKLY UPDATE 10th MAY 2017

    hselogo1Prosecutions and enforcement notices weekly update and analysis

    Read the rest of this article »

    Posted on 12th May 2017

    GROUND WORKER TRAPPED BY EXCAVATION COLLAPSE

    Fellow workers dug earth so injured workman could breath

    Read the rest of this article »

    Posted on 11th May 2017

    MAJOR UK FIRMS FAILED ON VEHICLE MANAGEMENT

    Worker struck and injured when towed trolley and load overturned

    Read the rest of this article »

    Posted on 9th May 2017

    MAGISTRATES FINE FIRM £250,000 OVER ROOF FALL

    Solar panel firm failed to control risk and supervise works

    Read the rest of this article »

    Posted on 9th May 2017

    HSE REFURBISHMENT CAMPAIGN ENDS £750,000 FINE

    Contractor fined under CDM after failing to act on asbestos survey

    Read the rest of this article »

    Posted on 8th May 2017

    SITE MANAGER JAILED OVER DEATH OF PASSER-BY

    Failure to secure windows led to death and manslaughter sentence

    Read the rest of this article »

    Posted on 8th May 2017

    ROGUE GAS FITTER JAILED FOR 16 MONTHS

    Work unsafe and exposed home residents at risk of harm

    Read the rest of this article »

    Posted on 3rd May 2017

    LADDER ASSOCIATION ISSUES NEW SAFETY GUIDANCE

    Guidance comes amidst concerns surrounding unsafe telescopic ladders

    Read the rest of this article »

    Posted on 3rd May 2017

    FATALITY: FALL ON NEW HOMES PROJECT

    Workman died falling from a ladder on construction project

    Read the rest of this article »

    Posted on 3rd May 2017

    FIRM ADMITS GUILT AFTER DEATH OF FOUR WORKMEN

    Guilty plea entered by company on first day of Crown Court trial

    Read the rest of this article »

    Posted on 3rd May 2017

    FIRM FINED £2 MILLION OVER WORKPLACE DEATH

    Unsafe stacking of plastic bales claimed life of cleaner

    Read the rest of this article »

    Posted on 3rd May 2017

    HSE ENFORCEMENT WEEKLY UPDATE 1st MAY 2017

    hselogo1Prosecutions and enforcement notices weekly update and analysis

    Read the rest of this article »

    Posted on 3rd May 2017

    CONCRETE STAIRCASE CAUSED FATAL CRUSHING

    Lifting operations were unsafe and poorly supervised on project

    Read the rest of this article »

    Posted on 3rd May 2017
    Turner Access Chipmunk Data
    Total Access Higher Safety