Health And Safety Update - June 2021

• Published date: 29 June 2021
• Subject Matter: Employment and HR, Environment, Litigation, Mediation & Arbitration, Real Estate and Construction, Health & Safety, Environmental Law, Personal Injury, Professional Negligence, Construction & Planning, Landlord & Tenant - Leases, Waste Management
• Law Firm: Reynolds Porter Chamberlain
• Author: Mr Gavin Reese, Mamata Dutta, Charles Underwood and Sharona Zovich

Welcome to this month's health and safety update. View the headlines below or click the pdf at the bottom of the page to read the full articles.

Fines and sentences

Pub landlord sentenced to nine years in prison after the electrocution of a seven year old boy in the pub garden

On 11 September 2018, Harvey Tyrell sustained a fatal electric shock whilst he was playing in the garden of the King Harold in Romford after he touched outdoor lighting which had been installed incorrectly. The pub's owner, David Bearman, pleaded guilty to gross negligence manslaughter. However, his brother-in-law, who installed the lights, Colin Naylor pleaded not guilty.

During the trial, the Court heard that Environmental Health inspectors identified numerous electrical defects in 2009 and yet Mr Bearman failed to employ a competent person to remedy the defects prior to the incident nearly 10 years later.

Mr Naylor denied any wrongdoing in his Police interview, confirming he had over 50 years experience as an electrician and he described his work as 'first class'. He had installed the lighting to the perimeter of the garden around 3 months prior to the fatal incident.

The subsequent investigation found 12 defects which posed a risk of injury and 32 potentially dangerous defects at the site. One of the experts described it as the most dangerous thing he had ever seen in 40 years.

Mr Naylor was acquitted of a charge of gross negligence manslaughter but was convicted of a breach of a health and safety charge for failing to limit or prevent the risk of injury or death to others. He was sentenced to one year in prison.

Judge Martyn Zeidman QC said: 'This pub was a disgrace. And' in my view, a timebomb waiting to go off.'

Bosley Mill explosion - Judge directs jury to return not guilty verdict mid trial due to lack of evidence

A suspected 'dust explosion' caused the four-storey Bosley Mill to collapse in July 2015 resulting in the death of four people who worked at the mill, run by Wood Treatment Ltd, which had produced wood chipping. The aftermath of the explosion was described as a 'scene of devastation' as the fire continued to burn for weeks after the explosion and one of the bodies was unfortunately never recovered.

An investigation was launched between Cheshire Constabulary and the Health and Safety Executive. In the subsequent prosecution, a number of parties were charged:

• Wood Treatment Limited was charged with four counts of corporate manslaughter
  and a health and safety offence
• A company director (George Boden) was charged with four counts of grossnegligence manslaughter and a health and safety offence
• Two mill managers (Peter Shingler and Phil Smith) were charged with health and
  safety offences

Wood Treatment Limited pleaded guilty to the health and safety offence but denied that its failures resulted in the death of its employees. The individual Defendants pleaded not guilty to the charges that they faced.

The trial, which commenced in February 2021, had been sitting for almost 12 weeks, hearing evidence from witnesses and experts the Prosecution alleged that the explosion was caused by excessively high dust levels at the mill. However, following a half time submission, the judge subsequently directed that the charges of corporate manslaughter and gross negligence manslaughter be dropped, and for the jury to return not guilty verdicts in respect of these offences. The judge considered that there was a lack of evidence to prove that gross negligence caused the explosion. The Court of Appeal endorsed the Trial Judge's decision following an appeal by the Prosecution.

The company director subsequently pleaded guilty to the health and safety offence after the four manslaughter charges he faced were dropped. Following further consideration of the position, the Prosecution decided not to pursue the health and safety charges against the two mill managers, who were subsequently cleared.

Wood Treatment Limited was given a '75,000 fine for its admitted breach of section 2 HSWA. Mr Boden, who admitted a breach of s37 HSWA for causing the company...