Employers Guilty in Fatal Accident Case

A recent decision of the House of Lords may have far-reaching consequences for employers, especially those tempted to cut corners regarding health and safety. The Lords ruled that employers may be prosecuted over an accidental death at work, even in cases where no specific breach of health and safety legislation can be identified as having caused it.

The case concerned Mr Shaun Riley, who in 2003 was employed by the defendants, Chargot Ltd., Ruttle Contracting Ltd. and George Ruttle - a director of both companies. Ruttle Contracting was engaged to undertake extensive earth works on a Lancashire farm belonging to Chargot.

Mr Riley was asked to drive a dumper truck at the site, moving spoils from the excavation to another part of the site. Whilst he was carrying out the work, the truck overturned, burying Mr Riley, who later died in hospital.

Investigations revealed that there were various health and safety failings. No risk assessment had been carried out in relation to the work and Mr Riley was neither given any training nor provided with a safety helmet. However, as there were no witnesses to the accident, the exact cause could not be established. The defendants argued that since the precise cause of the accident could not be shown, they were not liable for Mr Riley's death.

The prosecution argued that it was not necessary to demonstrate exactly how the defendants had failed in their health and safety obligations, merely that the general state of affairs at the place of work increased the risk of injury. The Lords accepted this argument. In its view, the failure on the part of the three defendants breached sections 2 and 3 of the Health and Safety at Work etc. Act 1974. Fines and costs orders of more than £450,000 made against the defendants were confirmed.

"In such cases it seems that the burden of proof is on the employer to show that proper health and safety standards are applied and that legislation is complied with," says Aston Bond. "Employers must ensure that their health and safety arrangements fully comply with the law or risk prosecution."

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