Birmingham Crown Court this July decided a case of gross negligence manslaughter and breach of health and safety.
In January 2015 a father of 2, working on a building site in Leicester, fell through an open skylight on the first floor on to the flat floor below and suffered fatal injuries to his head.
After this incident the HSE visited the site a couple of days after to undertake an investigation into the incident.
The HSE issued a prohibition notice upon the site manager to ensure that no further work should take place at height. Despite this notice the site manager allowed work to continue and he was arrested and charged with gross negligence.
The site manager was found guilty of manslaughter by gross negligence. When sentencing Mr Justice John Saunders commented: “It seems the defendant had no idea of the responsibilities he had for maintaining the safety of the site. The defendant paid no regard to health and safety requirements whatsoever.”
The sentence passed upon the site manager was 2 ½ years for gross negligence manslaughter and 8 months for the breaches of health and safety which took place on the site.
This is a real concern for any employer because those in positions of responsibility for staff must have had the relevant training to perform their role and ensure that staff are provided with a safe and secure environment to work within.
Josiah Hincks can help employers and senior manager maintain a healthy and safe work place and ensure that policies are in place to protect Companies from facing criminal charges.
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