Here is the first corporate manslaughter case with potential dyer consequences, with another 50 cases to be tried there is so many companies that could also fall into the same trap of neglecting to carry out the basic Health & Safety that safe lives, do not let it happen to you, get trained and work on the Health & Safety in your business, so “be on guard” it may save life’s and possible also save your business….

A pig farm has received the largest ever health and safety fine in Northern Ireland following the country’s first corporate manslaughter conviction.

JMW Farms Ltd was yesterday (8 May) fined £187,500 at Belfast’s Langanside Crown Court for safety failings, which led to the death of its employee Robert Wilson.

On 15 November 2010, Mr Wilson, 45, was working at the firm’s meal-mixing farm in Co Armagh, when he was struck by a metal bin, which fell from the raised forks of a forklift. The vehicle was being driven by one of the company’s directors, Mark Wright (pictured on the right), and the bin had not been properly attached to, or integrated with the forklift. When the vehicle reversed the bin became unstable and fell on Mr Wilson, who suffered fatal head injuries.

A joint investigation was conducted by the HSENI and the PSNI, which found that the forklift was an on-loan replacement vehicle while the usual truck was being serviced. The investigation also revealed that it was not possible to insert the lifting forks into the sleeves of the bin, as the forks were too large and incorrectly spaced.

HSENI acting deputy chief executive Louis Burns said: “This case highlights the importance of managing health and safety in the workplace and demonstrates the terrible consequences of not doing so.

“This new corporate manslaughter legislation clarifies the criminal liabilities of companies where serious failures in the management of health and safety result in a fatality.”

JMW Farms pleaded guilty to breaching the Corporate Manslaughter and Corporate Homicide Act 2007 and, in addition to the fine, it was ordered to pay £13,000 in costs. The company must pay both the fine and costs within six months.

Delivering his sentence, Belfast Recorder Judge Tom Burgess said: “Yet again, the court is faced with an incident where common sense would have shown that a simple, reasonable and effective solution would have been available to prevent this tragedy.


“The very definition of the offence of corporate manslaughter is an acceptance of a gross breach of duty. That is a high and totally unacceptable breach in circumstances where the risks involved were high, with the more than foreseeable likelihood of serious injury, or death following if the proper steps were not taken.”

PSNI Detective Chief Inspector Stephen Wright added: “The investigation should send a clear message that there is no hiding place for anyone that breaks the law. Robert Wilson lost his life as a result of this incident and we hope that this conviction is a stark reminder that legislation is there for a reason.”

Principal Associate and Solicitor-Advocate at international law firm Eversheds, Paul Verrico, commented on the case and he believes the company may find it hard to repay the fine. He said: “The fine may prove difficult for the company, which only turned over £1 million last year, to repay. When the fine is considered against the business’ turnover it serves as a salutary warning that where companies are seen to have grossly failed their duty of care and death ensues due to senior manager neglect, the penalty can be severe.

“All eyes will now be on the second prosecution in England which is due to be heard in June 2012 where Lion Steel Equipment Limited are charged with Corporate Manslaughter and three individual directors face charges of gross negligence manslaughter. The Attorney General recently commented that there are in the region of 50 cases under referral to the Special Crime and Counter Terrorism Division where Corporate Manslaughter is one of the offences under consideration – so the messages to UK Business is ‘be on guard’ to avoid being in a similar predicament to JMW Farms.”

Taken from SHP publication.

Enright Access Solutions Ltd is one of the latest successful companies to join a leading edge scheme, designed to help industry improve its safety record.

The Liverpool based firm recently received accreditation from SAFEcontractor, a programme which recognises very high standards of health and safety practise amongst UK contractors.

Enright Access Solutions’ is principally involved in the Services of Providing Health & Safety Inspections, Repair of Access Equipment as well as providing training and Sales of all types of Access Equipment.

Specialising in the Health & Safety Inspections of Access Equipment to all types of industries, Enright Access Solutions Ltd’s most recent clients have included major players such as Dairy Crest.

The company’s application for SAFEcontractor accreditation was driven by the need for a uniform standard across the business.

“At Enright Access Solutions we are fully aware of the need for good and safe practices for our customers, allowing them to be assured of our intention to work as partners in their Company removing all concerns regarding our operation on their premises… vital in today’s work place, we are glad to be given the opportunity”.

SAFE contractor accreditation is expected to enhance the company’s ability to attract new contracts and its commitment to safety will be viewed positively by its insurers when the company liability policy is up for renewal.

SAFEcontractor is applicable to most sectors although it is particularly relevant to food manufacture, property, facilities management, retail and leisure sectors, all of which are big users of contract services.

John Kinge, Head of Risk at SAFEcontractor said, “Major organisations can no longer run the risk of employing contractors who are not able to prove that they have sound health and safety policies”.

“More companies need to understand the importance of adopting good risk management in the way that has done. The firm’s high standard has set an example, which hopefully will be followed by other companies within the sector”.

Under the SAFEcontractor system, businesses undergo a vetting process, which examines health and safety procedures and their track record for safe practice. Those companies meeting the high standard are included on a database, which is accessible to registered users only via a website, www.safecontractor.com 

Employer-organisations who sign up to the scheme can access the database, enabling them to vet potential contractors before they even set foot on site. These employers agree that, as users of the scheme, they will engage only those who have received accreditation.

Over one hundred and fifty major nation-wide businesses, from several key sectors, have signed up to use the scheme when selecting contractors for services such as building, cleaning, maintenance, refurbishment or electrical and mechanical work.

Just to let you all know…

From 6 April 2012, subject to Parliamentary approval, RIDDORs over three day injury reporting requirement will change.

From then the trigger point will increase from over three days to over seven days incapacitation (not counting the day on which the accident happened).

For further information call us on 0151 922 3976.

One in five construction sites fail safety inspections

One in five construction sites failed safety checks during the first five days of an intensive inspection initiative in Merseyside and Cheshire.

Inspectors from the Health and Safety Executive (HSE) visited a total 167 sites in the two counties between 20 and 24 February, but 32 were found to have working practices that could put workers at risk.

The inspections were carried out as part of a month-long drive across Great Britain to improve health and safety in one of the country’s most dangerous industries. Inspectors are targeting sites where refurbishment or repair work in being carried out, with the aim of reducing the risk of death, injury and ill health.

The primary focus is on high-risk activity including working at height and ‘good order’, such as ensuring sites are clean and tidy with clear access routes. Attention is also being paid to structural stability, public protection, fire safety issues and asbestos.

During the visits in Merseyside and Cheshire, HSE inspectors issued 29 Prohibition Notices stopping work activities immediately and 15 Improvement Notices requiring changes to be made to working practices. Half of the notices related to unsafe work being carried out at height.

Falls from height remain one of the most common causes of deaths and major injuries in the construction sector in Great Britain, with more than five incidents recorded every day.

The purpose of the initiative is to remind those working in construction that poor standards are unacceptable, and could result in enforcement action.

Neil Jamieson, HSE Principal Inspector for Construction, said: “The majority of the sites we visited were meeting acceptable  standards but sadly one in five weren’t, putting the lives and health of  workers at risk.

“The fact that half of the enforcement notices we issued related to  work at height shows that companies still aren’t doing enough to tackle one of  the biggest causes of death and major injury in the sector.

“Implementing simple, inexpensive changes, or just a moment of  extra thought, could prevent someone being killed or seriously injured.  Employers should create an atmosphere where workers can raise concerns without  fearing for their jobs.”