Thu 26 Jan 2012
FACK Condemns Fine Reduction in Relation to Employee Death Case
Posted by admin under It's Your BusinessComments Off
Serious health and safety violations leading to the death of an employee has cost a company in Saltney dearly. The company was declared a fine of £100,000 initially. However, this fine amount was reduced to half after the company appealed against this punishment due to its incapacity of paying such a huge amount.
Deeside Metals Co. Ltd came into news after their employee, Mark Wright died while working in April 2005. The incident was triggered due the work carried out by him. He was baling taped up aerosol cans, delivered from Jeyes Ltd., Mold. While doing this work, a haze of explosive vapour was propelled that was set alight by an electric flicker. The force of the blast resulted in the rooftop of the building being forcefully carried away. Mr Wright got 90% scalds due to the blast and passed away the subsequent day.
The court after hearing the case found Deeside Metals Co. Ltd guilty of violating rules under the Health and Safety at Work Act (HASAWA) and the Management of Health and Safety at Work Regulations. The company’s GM, Mr Roberts was also found guilty of violating Section 7 of HASAWA. Both the company and its GM admitted guilty to the accusations. Jeyes Ltd. was found guilty of a rule under HASAWA. However, it also confessed to the charges.
Deeside Metals Co. Ltd was soon penalized by the court on December 13, 2010 with a penalty of £100,000 and an added prosecution cost of £10,000. The company was instructed to pay the penalty in 4 years’ time, with the first part of fine amount i.e. £25,000 to be compensated on December 13, 2011. However, this penalty was challenged by Deeside at the Court of Appeal. Their claim that the fine amount was quite hefty along with their inability to pay the yearly part payment of £25,000 every year that could jeopardize their business was accepted by the Court of Appeal. The Court subsequently reduced the fine amount to £50,000 along with increasing the tenure of payment to 5 years.
This ruling to decrease the fine amount was strongly criticized by the Families against Corporate Killers (FACK) group. Their representative stated that this case establishes the fact that there is an urgent need for making constructive statutory obligations for serious health and safety crimes made by company directors. Blundering directors should be suitably punished including considering them for sentence if their action or postponement in judgment results in the demise of their employee or civic.
All organisations need to be sure that they are giving the correct instructions to employees with regard Health and Safety and Premises Management Law. Workplace Law Group offer qualifications certified by the National Examination Board for Occupational Safety and Health (NEBOSH Construction Certificate), Certificate in Environmental Management (IEMA) and The Institution of Occupational Safety and Health (IOSH). Courses specialise in health and safety and premises management and most recently environmental Management.