How did this Company, its directors and its manager fail?

The Management of Health and Safety at Work Regulations (MHSWR) 1999 requires employers to put in place arrangements to control health and safety risks.

Simply put, this company, its directors and its transport manager did not.

All Company Directors must understand Health and safety law places duties on organisations and employers and that you can be personally liable when these duties are breached: members of the board have both collective and individual responsibility for health and safety.

In this recent case, a food recycling company was found guilty of corporate manslaughter – The Directors failed to do so far as is reasonably practicable to prevent harm.

What Happened?

A food waste recycling company has been convicted of corporate manslaughter after two employees died after falling into a tanker containing pig feed.

On the afternoon of December 22, 2016, Mr x Worker 1, who was a member of yard staff at the company, had climbed into a tanker to clean it after it was found the tanker could not be fully emptied of the pig feed.

He got into difficulty, and the alarm was raised, leading to Mr x Worker 2, who was also a member of the yard staff, climbing into the tanker in an attempt to rescue Mr x Worker 1.

Both men were pulled from the tanker after a saw was used to cut holes in the side of the tanker. Emergency services were at the scene, and resuscitation was attempted, but both men sadly died at the scene.

A post-mortem examination concluded Mr x Worker 1 and Mr x Worker 2 had died as a result of drowning in the animal feed. The forensic pathologist found it was most likely the men had been overcome by either toxic product from the animal feed and/or a lack of oxygen which had caused them to lose consciousness and fall into the animal feed.

A subsequent accident investigation carried out by Leicestershire Police, and the Health and Safety Executive found at the time of Mr x Worker 1 and Mr x Worker 2 deaths, their employer had no adequate health and safety procedures in place to govern the cleaning of their tankers.

Why did it happen?

The company had no adequate health and safety procedures in place to govern the cleaning of their tankers.

A method of cleaning the tankers involved an employee entering the tanker with a power washer, while another acted as a spotter and held the hose pipe.

This had been used by the company on many occasions, despite no proper risk assessment in place.

The Company directors ignored their responsibility to adequately manage health and safety.

The Legislation used under the prosecution.

The company pleaded guilty to failing to discharge a duty under section 2(1) of the Health and Safety at Work Etc. Act 1974

Furthermore, the director was found guilty of breaching of section 2(1) of the Health and Safety at Work Act 1974 by virtue of section 37(1) in that the offence by the company was committed with his consent, connivance or attributable to his neglect.

And the Transport Manager was  found guilty under section 7(a) of the Health and Safety at Work Etc. Act 1974 in that being an employee at work, he failed to take reasonable care for the health and safety of others, who might be affected by his acts or omissions at work.

The Sentencing

A food waste recycling company has been fined £2million after being convicted of the corporate manslaughter of two employees who drowned after falling into a road haulage tanker containing semi-liquid pig feed.

The firm, which is now in liquidation, was convicted of the charges last Tuesday (7 June) following a six-week trial at Leicester Crown Court.

Today (16 June), at a sentencing hearing at the same court,:

• The company was fined a total of £2million after being found guilty of two counts of corporate manslaughter. The company had previously pleaded guilty to failing to discharge a duty under sections 2(1) of the Health and Safety at Work Etc. Act 1974 in that being an employer within the meaning of the Act failed to ensure, so far as was reasonably practicable, the health, safety and welfare at work of its employees.

• One director was sentenced to a total of 13 years imprisonment after being found guilty of two counts of gross negligence manslaughter. They were found guilty of a breach of section 2(1) of the Health and Safety at Work Etc. Act 1974 by virtue of section 37(1) in that the offence by the company was committed with her consent, connivance or attributable to her neglect. Also they were also disqualified for being a company director for a period of 15 years.

• The other Director was sentenced to 20 months imprisonment after being found guilty, with a breach of section 2(1) of the Health and Safety at Work Act 1974 by virtue of section 37(1) in that the offence by the company was committed with his consent, connivance or attributable to his neglect.

• The firm’s transport manager was sentenced to one year imprisonment suspended for two years after being found guilty under section 7(a) of the Health and Safety at Work Etc. Act 1974 in that being an employee at work, he failed to take reasonable care for the health and safety of others, who might be affected by his acts or omissions at work.

Useful links

• HSE leading Health and Safety at Work, Leadership actions for director and board members. https://www.hse.gov.uk/pubns/indg417.pdf

• Read the article in full on Newark Advertiser – https://www.newarkadvertiser.co.uk/news/employees-died-after-falling-into-tanker-of-semi-liquid-pig-9258112/?fbclid=IwAR3H4w1fsnzy1RinIDN71kIfJ91kR4MylNVmJsMFDmeaeD-VNm-W3KZdPas

• Read the sentencing  www.leics.police.uk/news/leicestershire/news/2022/june/company-convicted-of-corporate-manslaughter-following-death-of-two-employees

• https://www.legislation.gov.uk/ukpga/1974/37/section/2

• https://www.legislation.gov.uk/ukpga/1974/37/section/37

• https://www.legislation.gov.uk/ukpga/1974/37/section/7

New sentencing guidelines proposed for manslaughter offences

Not knowing your role and responsibility is dangerous.

Not knowing your role and responsibility is dangerous.