Welcome Guest! The IOSH forums are a free resource to both members and non-members. Login or register to use them

Postings made by forum users are personal opinions. IOSH is not responsible for the content or accuracy of any of the information contained in forum postings. Please carefully consider any advice you receive.

Notification

Icon
Error

Options
Go to last post Go to first unread
johnmurray  
#1 Posted : 16 September 2014 19:46:13(UTC)
Rank: Super forum user
johnmurray

¨Baldwins Crane Hire Limited has been charged with corporate manslaughter following the death of a driver in 2011¨

http://www.constructione...-corporate-manslaughter/
peter gotch  
#2 Posted : 17 September 2014 13:06:18(UTC)
Rank: Super forum user
peter gotch

John

Thanks for the link.

It's been a very long time coming before we've seen the first case against a firm large enough to fall within what I thought was the intent behind the act.

Now we wait and see whether the CPS can make it stick, if Baldwins defence is vigorous.
walker  
#3 Posted : 17 September 2014 14:41:32(UTC)
Rank: Super forum user
walker

This is of interest for the reasons Peter states
Anyone got other links with more detail?
walker  
#4 Posted : 17 September 2014 14:44:34(UTC)
Rank: Super forum user
walker

just found this
http://www.bbc.co.uk/new...land-lancashire-29225098

not much more detail though
MrsBlue  
#5 Posted : 17 September 2014 15:06:19(UTC)
Rank: Guest
Guest

I was led to believe years ago, that the HSE prosecuted firms when they thought they could win.

Is this now not the case?
JohnW  
#6 Posted : 17 September 2014 15:30:23(UTC)
Rank: Super forum user
JohnW

Xavier123  
#7 Posted : 17 September 2014 17:07:22(UTC)
Rank: Super forum user
Xavier123

Rich777 - it's not the HSE's choice for Corporate Manslaughter. The prosecution is brought by the local Police force via the CPS.

Similarly, the new offences coming into force relating to Care Quality Commission (a new h&s regulator from April 2015) relating to ill treatment/wilful neglect for patients will also be dealt with by the Police and CPS.
MrsBlue  
#8 Posted : 18 September 2014 10:34:28(UTC)
Rank: Guest
Guest

Xavier123 wrote:
Rich777 - it's not the HSE's choice for Corporate Manslaughter. The prosecution is brought by the local Police force via the CPS.

Similarly, the new offences coming into force relating to Care Quality Commission (a new h&s regulator from April 2015) relating to ill treatment/wilful neglect for patients will also be dealt with by the Police and CPS.


Cheers Xavier - It's good to be educated and I thank you for the info.

johnmurray  
#9 Posted : 18 September 2014 10:51:33(UTC)
Rank: Super forum user
johnmurray

I do not recommend entering the company name into the HSE enforcements notices area....not unless you have time to spare.
Xavier123  
#10 Posted : 18 September 2014 10:58:34(UTC)
Rank: Super forum user
Xavier123

No worries Rich, to be honest, the HSE will still have taken a big role in the investigation and ultimately have advised Police on the case...its just that the final decision lies with the CPS.

Its true that its quite a big deal that they've chosen to prosecute a larger organisation <treading the line on commenting on the case> but the CPS have been very reluctant and cautious over taking on Corp Manslaughter charges over the last few years. The test is falling so far below the expected standard so as to have been a gross breach of the duty of care owed and showing a clear link to the controlling mind of the company. They clearly believe they can show this or they wouldn't be bringing it in front of a Court.
walker  
#11 Posted : 18 September 2014 12:46:05(UTC)
Rank: Super forum user
walker

JohnMurray wrote:
I do not recommend entering the company name into the HSE enforcements notices area....not unless you have time to spare.


John, I could only see two. Was I pressing the wrong buttons?
Users browsing this topic
Guest
You cannot post new topics in this forum.
You cannot reply to topics in this forum.
You cannot delete your posts in this forum.
You cannot edit your posts in this forum.
You cannot create polls in this forum.
You cannot vote in polls in this forum.