Case Name: R v Clifton Steel Ltd         Court: Court of Appeal
Date: 13.06 2007
Judge: Toulson LJ, Walker J and HH Judge Wadsworth QC

Statute: S2 (1) Health and Safety at Work Act 1974
Offence: Fatal accident to employee crushed by overhead crane lifting a steel coil
Plea: guilty         Total Sentence: £100,000 + £20,000 costs
Summary: Original fine of £150,000 + costs reduced on appeal.
It was argued that the fine was at the very top of the tarrif. From April 1 2000, to 31 March 2005 there have been 595 cases involving fatal accidents. This fine was in the top 3.6 per cent.
Time to pay allowed to permit the Defendants to continue to trade.
£60,000 payable within 12 months.
Aggravating Features: Previous conviction. Fine of £7500 when employee trapped in accident involving overhead crane.
No risk assessment of task.
Mitigating Features: Plea of guilty, genuine remorse.
Not deliberate or reckless
No evidence of cutting corners to save costs.

reported: 2007 EWCA Crim 1537

Case:  Stoke on Trent City Council           Court:  Newcastle Under Lyme Magistrates

Date: 06.07.2007                                  

Statute:  Breach of Section 3(1) Health and Safety at Work act 1974

Offence Description: Conduct undertaking so as to ensure persons not in his employment are not exposed to risks to Health and Safety

Total Sentence:  £13500 fine and £13426 costs

Summary.
Prosecution for Stoke on Trent City Council following Carbon Monoxide fatality regarding a council tenant. The incident resulted in 2 complete blockages of soot and clinker within the chimney service a solid fuel burning appliance. Following building works chimney, no checks or chimney sweeping were carried out.

Contributed by: Jeremy Barnett, Barrister, St. Pauls Chambers.

Case: The Concrete Company (Thorney) Ltd        Court: Norwich Crown Court

Date: 04.07.2007

Statute: Manslaughter, Health and Safety at Work Act 1974 s2(1) and s3(1)

Offence Description: Manslaughter and Breach of Duty

Total Sentence: £75,000 fine and costs of £47,070.52

Summary.

Employee killed whilst working adjacent to tail drum of aggregate conveyor

Contributed by: Jeremy Barnett, Barrister, St Pauls Chambers

Case Name: HSE v SGB Distrubtion
Court: Lincoln Crown Court
Date: 23.6.08
Statute: regulations 3(1)(a) and 5(1) Management Regulations 1999
Offence: Failing to perform suitable risk assessments Failure to manage introduction of new products and systems

Plea: not guilty

Total Sentence: £120,000
Summary: In 2005 the firm decided to expand its business by supplying metal telegraph poles in addition to its traditional wooden ones, but had not conducted a risk assessment on them. The Deceased climbed onto the vehicle to try to reduce the height of the poles as he was concerned about clearance undeneath bridges. He cut a band around a pack of poles, causing the load to shift and him to fall 4.5 metres and inflicting fatal head injuries.

Aggravating Features: The height of the load exceeded the height of pins fitted to the trailer to hold the pins in place.
Failure to perform formal risk assessment Mitigating Features:
reported: