Search

Call us on: 0333 2400 308

December 8, 2016

Health & Safety – Company director jailed

Company director jailed following second fatality

Mr Thelwall, company director of Thorn Warehousing Ltd, has been jailed following the second workplace fatality to happen under his directorship. The first fatality happened in 2010 when an employee was crushed in a metal gate, and Mr Thelwall was acquitted of a corporate manslaughter charge in 2012.

In January 2014, an employee of Thorn Warehousing Ltd died in an accident where an 18 metre spider lift overturned on them. The employee was loading the spider lift onto a lorry where the ramps were not secured and were at an angle above the manufacturer’s specification.

It was discovered that the employee had not been properly trained on the use of the ramps, the lorry and the Mobile Elevated Working Platform (MEWP). The company had no risk assessment in place and a Standard Operating Procedure (SOP) had not been created for the equipment.

The case was heard at Manchester Crown Court where Judge Leeming charged Mr Thelwall under Section 37 of the Health and Safety at Work Act, sentencing him to 12 months in prison. In addition, Mr Thelwell was ordered to pay £4,000 costs and is disqualified from being a company director for seven years. The company itself was fined £166,000 and ordered to pay £10,400 costs under Section 2 of the Health and Safety at Work Act.

HSE Inspector Helen Jones said that Mr Thelwall had “failed in his duty as a director” and went on to say “this case should act as a stark warning to all company directors of their personal responsibility to protect their workers’ health and safety and the tragic consequences when they fail.”

 


It is important to ensure that risk assessments take place and SOP’s created to help to avoid accidents such as this. Are you confident you are managing health & safety in your organisation to the latest UK legislative requirements?

If not contact Navigator Health & Safety

  • Is your workplace safe?
  • Are your work practices current and appropriate?
  • Do your staff comply with current procedures and working practices?

If you don’t know the answer to those questions, then a health and safety audit is your next step.

Not Sure Where To Start?

Find Out More

Are you taking on your first member of staff or wondering if you’re compliant with GDPR, maybe you’re unsure if your HR processes are rigorous enough? Get in touch with Navigator today and see how we can help your organisation.

Call Us Now on: 0333 2400 308

or

Newsletter Subscription

Sign Up to the Navigator Newsletter

Stay informed with the latest changes in employment law, health & safety, HR and data protection including noteworthy cases, upcoming events and other useful articles.

We only use your details to send you our monthly newsletter along with event invitations and other useful articles. You can unsubscribe any time.

Contact Us

Get in Touch

0333 2400 308

enquiries@navigatorlaw.co.uk

Floor 3
1-4 Atholl Crescent
Edinburgh
EH3 8HA

Newsletter Subscription

Sign Up to the Navigator Newsletter

Stay informed with the latest changes in employment law, health & safety, hr and data protection including noteworthy cases, upcoming events and other useful articles.

We only use your details to send you our monthly newsletter along with event invitations and other useful articles. You can unsubscribe any time.

Contact Us

Get in Touch

0333 240 308

enquiries@navigatorlaw.co.uk

Floor 3
1-4 Athol Crecent
Edinburgh
EH3 8HA