Criminal Action Case Law Flashcards
HSAW s2(1) general duties (1)
R v Gateway Foodmarkets
Employee fell through a trapdoor.
Company liable for actions of staff, in leaving the hatch open, even though they had taken all reasonable precautions at a senior management level.
HSWA s2(1) general duties (2)
Bolton Metropolitan Borough Council v Malrod Insulations Ltd
EHO discovered decontamination unit available for use by Asbestos removal team had electrical faults.
Successful prosecution for making the equipment available even though not yet in use.
HSAW s2(1) general duties (3)
Langridge v Howletts Zoo & Port Lympne Estates Ltd
Prohibition Notice issued by local authority preventing keepers entering Tiger enclosure after death of a keeper.
Zoo argued that keepers must enter the enclosure to bond with the animals.
On appeal, keepers allowed to enter the enclosure with modified procedures.
The Act is not concerned with the working being done, but the manner of performing it.
HSWA s2 and s37
J Armour v J Skeen (Procurator Fiscal Glasgow) (1977)
Armour was Director of Roads for Local Authority – Workman fell to death from a bridge.
Corporate Failure to have ‘safe system of work’ HSWA s2
Individual Failure – not a ‘Director’ within meaning of s37, but was within scope of ‘manager…or similar officer’. It was his individual failure to provide the SSW. HSWA s37
HSWA s3 (1)
R v British Steel plc (1995)
A sub-contractor working under supervision of a British Steel supervisor was killed.
Under ‘Vicarious Liability’, the supervisor had failed in his duty, therefore British Steel had failed its employers duty under s3.
HSAW s3 (2)
R v Mara
Director of a small cleaning company contracted to clean a supermarket.
Faulty cleaning machine left on supermarket premises.
Supermarket employee used the machine and was electrocuted.
Supermarket employees were ‘persons who may be affected by the way the cleaning company carried on its undertaking’.
HSAW s3 (3)
R v Nelson Group Services (Maintenance) Ltd
A properly trained and competent gas fitter left a fitting in a dangerous condition.
It was held that an isolated act of negligence by an otherwise completely competent employee did not render the employer liable.
Note – this defence is effectively closed by MHSWR 1999 Reg 21 – ‘it will not be a defence for an employer to argue that the contravention was due to the act or default of an employee… or an person appointed as a H&S Assistant under Reg7.’
HSWA s3 (4)
R v Swan Hunter Shipbuilders Ltd (1982)
8 workers killed during construction of HMS Glasgow due to explosion in an oxygen enriched environment.
Swan Hunter had known of the potential risk and informed their own employees.
Swan Hunter failed to inform other contractors and sub-contractors.
Swan Hunter had a duty to ensure the health and safety of its own employees. If the ignorance of another company’s employees places its own employees at risk then it is the company’s duty to inform the employees of another of any special risks within its knowledge.
HSWA s3 (5)
R v Associated Octel Co Ltd (1996)
An employee of a contractor badly burned while conducting repairs to a chemical tank.
The Contractor was prosecuted under s2 for the injury to their employee.
Octel were prosecuted under s3 - the maintenance of the tank was part of their undertaking – that it was being carried out by a contractor was irrelevant, as it was on their site so it was still under their control
HSWA s4 (1)
Westminster City Council v Select Managements Ltd
Improvement Notice relating to lifts and electrical equipment in block of flats.
Company appealed on grounds that they were ‘domestic premises’ iaw s4 of HSWA.
Court of Appeal upheld that the ‘Common Areas’ were not domestic but available for use by others as a place of work or where they may use plant, e.g. lifts
HSWA s4 (2)
Moualem v Carlisle City Council (1994)
Defendant operated a Children’s Play Centre and convicted of failure to comply with Improvement Notices.
Children were using ‘plant’ in a non-domestic premises.
Corporate Manslaughter
Corporate Manslaughter and Corporate Homicide Act 2007
The offence is concerned with corporate liability and does not apply to directors or other individuals who have a senior role in the company or organisation.
The first ever successful UK Corporate Manslaughter prosecution was of the company involved in the Lyme Bay kayaking deaths (1993).
Previously, cases such as the Tebay rail deaths (2004), the Herald of Free Enterprise RORO Ferry disaster (1987), Connington South rail crash (1967) had resulted in prosecution of individuals
