April
RIP Patrick Jordan
It is with great sadness that STAGESAFE announce Mojo Barriers MD Patrick Jordan died unexpectedly on 10 April.
Patrick was managing director of Mojo Barriers since 1993, and in 2006 was awarded an honorary doctorate from Buckingham New University recognising his contribution to crowd safety at live events.
He was known as the 'Gentle Giant' to his friends in the industry.
"Patrick’s passionate professionalism for his business saw him create the world’s most respected crowd barrier company, Mojo Barriers, continually raising levels of audience and artist safety through the implementation of improved working practices and technological innovations," said a friend.
"Patrick was the calm in the eye of the storm, injected his great sense of humour into every situation and was a ‘can do’ man who achieved great things in his all too short life."
Benn trial adjourned
Reading Festival organiser Melvin Benn has had his trial for health and safety risks at Reading Magistrates’ Court adjourned.
Benn faces 26 charges relating to the unsafe working conditions of staff at the festival in August last year and the lack of risk assessments.
Reading Festival Ltd is also being tried on nine charges relating to failing to avoid health and safety risks.
All charges are denied.
The trial was was adjourned until Thursday, May 7.
FIrst prosecution for corporate manslaughter
In the first application of the Corporate Manslaughter and Corporate Homicide Act 2007, the Crown Prosecution Service has now authorised a charge of corporate manslaughter against Cotswold Geotechnical Holdings Ltd, in relation to the death of Alexander Wright on 5 September 2008.
Mr Wright, who was employed by Cotswold Geotechnical Holdings as a junior geologist, was taking soil samples from inside a pit which had been excavated as part of a site survey when the sides of the pit collapsed, crushing him.
Peter Eaton, a Director of the company, has been charged with gross negligence manslaughter and with an offence contrary to Section 37 of the Health and Safety at Work etc. Act 1974. Cotswold Geotechnical Holdings Ltd has also been charged with failing to discharge a duty contrary to Section 33 of the Health and Safety at Work etc. Act 1974.
Kate Leonard, Reviewing Lawyer at the Crown Prosecution Service Special Crime Division, explained: "Under the Corporate Manslaughter and Corporate Homicide Act 2007 an organisation is guilty of corporate manslaughter if the way in which its activities are managed or organised causes a death and amounts to a gross breach of a duty of care to the person who died. A substantial part of the breach must have been in the way activities were organised by senior management. I have concluded that there is sufficient evidence for a realistic prospect of conviction for this offence."
Mr Eaton will appear at Stroud Magistrates' Court on 17 June. He faces charges both as an individual and on behalf of the company.
The Corporate Manslaughter and Corporate Homicide Act 2007 came into effect on 6 April 2008. A conviction for gross negligence manslaughter carries a maximum sentence of life imprisonment, while a conviction for corporate manslaughter attracts an unlimited fine.
Experts have commented that although the case is significant, in that it is the first brought under the Act, they believe the real test is yet to come.
Jon Cooper, a Partner at Bond Pearce and a health and safety legal expert, told Workplace Law that, because of the relatively small size of the company (the business had a turnover of £333,000 in 2008, according to documents filed with Companies House), it may be that the company, prior to the Act, would have been charged with gross negligence manslaughter in any event.
He said: “I think the real test for the new legislation will be when a substantial corporate body faces prosecution.”
David Bergman, Director of the Centre for Corporate Accountability, also said that, in legal terms, the prosecutors were targeting a relatively “small fish”. “The purpose of the new offence was to try and gain traction on large and medium-sized companies,” he said.
Large or small, however, this is a timely reminder that companies that fail to keep their workers safe are liable to prosecution on a grand scale. With recent changes to legislation now fully in effect, all health and safety advisors, managers, senior managers, directors and board personnel need to be fully aware of their increased responsibilities for health and safety in the workplace.
With several studies showing that many organisations aren't fully aware of the intricacies of the Act, now is the time to ensure you have put the right measures in place to protect both you and your company.
Latest HSE accident figures released
A health and safety expert has said much more can be done to reduce the number of accidents in the workplace following the release of the latest HSE figures. The statistics show that over the 2008/09 year to date (Q1–Q3) major injuries are down only 1.1% compared with the same period last year.
Roger Maddocks, Partner and work accident expert at law firm, Irwin Mitchell, said: “Although it is encouraging that the figures are decreasing it is concerning that the rate of reduction is slowing down. There is still a lot of work to be done to get businesses to follow even the basic health and safety guidelines.
“People should expect to go to work, do a day’s work, and return home safely after their duties. Sadly, such a reasonable expectation is often not realised.
“All too often workers come to us after they have suffered serious injury following a work accident which could easily have been avoided. Such industrial accidents cause pain, suffering and misery for the person injured and their family. As noted by the HSE, such accidents at work cost industry an enormous amount of money. So the message is clear: good health and safety for workers is also good business.”
The HSE figures show that over the 2008/09 year to date the number of major injuries rose by 9.5% in public services compared with the same period last year, but fell by 8–10% in food, drink and tobacco manufacturing, the rest of manufacturing, and construction sectors.
However, the statistics for quarter two to quarter three show a rise in the number of major injuries in certain sectors. The rate of major injuries in food, drink and tobacco rose by 18.2% and 7.7% in retail, wholesale and hospitality. The number fell by 10.7% in construction.
Mr Maddocks said: “There has been a major downward trend since 2005 but it is worrying that certain sectors are seeing a rise in the number of injuries at work in quarter three. The evidence suggests that the rate of accidents is starting to fall much slower than in previous years, and in some sectors it is starting to rise, so there is clearly more work to be done.”
HSE issues new Health & Safety poster
From April 5th. employers can purchase copies of the HSE’s new approved health and safety poster. The new posters, according to the HSE, are “modern, eye-catching and easy to read. They set out in simple terms, using numbered lists of basic points, what employers and workers must do, and tell you what to do if there is a problem.”
Employers have a legal duty under the Health and Safety Information for Employees Regulations (HSIER) to display the poster in a prominent position in each workplace or provide each worker with a copy of the equivalent leaflet outlining British health and safety laws.
Recent research showed that the poster and leaflet (approved in 1999) are visually unappealing and rarely read. Both workers and employers can expect to benefit from the increased awareness and clearer understanding of key health and safety messages that the new versions will bring. The new poster and pocket card also reduce the administrative cost for employers, who no longer have to add further information and keep this up to date.
Employers can, if they wish, continue to use their existing versions of poster and leaflet until 5 April 2014, as long as they are readable and the addresses of the enforcing authority and the Employment Medical Advisory Service up to date. This information can be obtained from HSE's Infoline on 0845 345 0055.
The leaflet that employers can give to workers, instead of displaying the poster, will be in the form of a pocket card that is better suited to the workplace. These are also available from today.
As from 6 April 2009 it will only be possible to buy the new law poster and obtain the new pocket cards.
