As an Employer Can I Be Jailed for Manslaughter for Wrongdoing?
We’ll cut directly to the chase here: yes, as an employer, you can be jailed for manslaughter for wrongdoing.
Therefore, whenever you’re on-site, you’ve got a duty to your workers, and negligence in that could lead to several years of imprisonment. In addition to this, you can be subject to thousands of pounds of fine, or even both, i.e. imprisonment and fine.
There are different penalties on different accounts of wrongdoing under various health and safety laws. In this post, we’ll share the main offences and some accidents in which they were implemented. The main focus will be on the Health and Safety at Work etc. Act 1974.
Lack of Safety Equipment on Site
This is a no brainer. On having a business, you should ensure that your personnel have the necessary health and safety information, instruction, training, and supervision. In addition to this, it is your responsibility to make sure they have all the necessary arrangements in place for the safe use, handling, storage, and transport of construction machinery and materials. Furthermore, they should have safety equipment available on site to avoid accidents.
These requirements aren’t just essential on humanitarian grounds; they are also emphasised in sections 2 to 6 of HSWA 1974.
Case: Norman McKenzie / Petyo Hristanov death (January 2015, County Armagh) Norman McKenzie skimmed on safety requirements, which led to the death of Petyo Hristanov in January 2015 in County Armagh. The victim was nailing down metal sheeting on the roof in rainy conditions, without any safety equipment or safeguards in place, leading to his fall to death. Initially, Mr McKenzie was given a 15-month sentence with a £3,000 fine. Later, the fine was removed, and the sentence was increased to two years.
Negligence in Ensuring the Safety of On-site Workers During Construction or Demolition
While working on a site, you, as a contractor, are responsible for everyone’s safety when they are within the premises of the site or within the area which might be dangerous due to site activities. This includes workers both under and outside your employment.
Case: Paramjit Singh (Chilworth, Hampshire) Paramjit Singh, a builder working on a garage demolition, was sentenced to three years in jail due to gross negligence manslaughter when a wall collapsed on a man under his employment. He was also sentenced to 20 more months for the violation of sections 2 and 3 of HSWA 1974.
Case: Andrew Winterton and Dean Wortley (Northamptonshire) Andrew Winterton was sentenced to four years in jail and a £90,500 fine. Dean Wortley received 12 months in jail and a £20,000 fine. They were charged with gross negligence manslaughter when Shane Wilkinson died due to an unsecured trench wall’s collapse in Collyweston. The site missed basic safety measures, such as barriers and support for trench walls.
Testing and Safety of Machinery and Necessary Training of Operating Personnel
You are responsible for ensuring that all the machinery brought onto the site is designed and constructed such that it isn’t a threat to the users. You must carry out testing and examination of the machinery. In addition, you are responsible for ensuring that the personnel operating it have adequate information about its usage procedure.
Case: Master Construction Products (2015) Master Construction Products failed to implement a safe system of work for the machinery on site in 2015. This led to the death of a worker when he was crushed by a machine sorting waste material. The company was fined £255,000.
Case: Graham Kuhlmann and Kevin March (West Aberthaw, Vale of Glamorgan) Graham Kuhlmann received a 21-week custodial sentence, 12 months suspension, and a £5,000 fine. Kevin March received a 32-week custodial sentence, 12 weeks suspension, and a £20,000 fine. Their negligence in hiring appropriate machinery and trained personnel led to the death of a vehicle operator.
Negligence in Safety of Off-site People
As a contractor, you’re also responsible for people that might come in contact with your site while passing by.
Case: Kelvin Adset / IS Europe Ltd (Hanover Square, London) Kelvin Adset, supervisor at IS Europe Ltd, failed to ensure safety, leading to the death of 43-year-old lawyer Amanda Telfer when half a ton of large unglazed frames collapsed on her as she walked by. Kelvin was sentenced to 12 months in prison; site manager Damian Lakin-Hall received 6 months. IS Europe Ltd was fined £100,000.
Breach of Improvement Notice or Prohibition Notice
According to section 22 of HSWA 1974, the HSE inspectors may serve a prohibition notice if they believe that activities on your site pose a health or safety risk.
Case: Site manager (Birmingham) A Birmingham site manager neglected a prohibition notice by HSE inspectors that directed him to close any work done at height. His continuation of work led to the death of a window fitter who fell from the first-floor roof. He was convicted of gross negligence manslaughter and sentenced to 30 months in jail.
Negligence in Following Risk Assessments
Case: Conrad Sidebottom and Richard Golding / Siday Construction Ltd (Ellersby Street, Fulham) Conrad Sidebottom (Commercial Director) and Richard Golding (independent H&S contractor) violated HSWA 1974 on their Fulham project, leading to the death of labourer Anghel Milosavlevici. Even though they created a risk assessment, they failed to place any safeguards. The excavation via underpinning collapsed in the basement.
HSWA 1974 Offences Punishable by Jail
All HSWA 1974 offences that are punishable by law are documented in the HSE enforcement guide.