R v TDG (UK) Ltd
Court of Appeal - Criminal Division (Gage LJ, Stadlen J, His Honour Judge Bevan QC sitting as a High Court Judge), 29th July 2008
The facts of this case are detailed in the original summary: North West Leicester DC v TDG (UK) Ltd.
The Court of Appeal indicated that the aggravating factors were: a) Systemic failings of long standing in an inherited system which should have been altered to come into line with the company’s own training programme; b) The death of an employee; c) A number of minor convictions: "not an unblemished record".
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HSE v Dacorum Borough Council
St Albans Crown Court (HHJ Griffith), 14th July 2008
A Prosecution arising out of a fatal electrocution to one of the Defendant’s workmen, whilst seeking to carry out repairs to a drain feeding into a Council property. The deceased mistakenly clamped a cable he thought to be the water pipe, which in fact turned out to be the live electrical service into the property.
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HSE v Cotek Papers Ltd
Cheltenham Magistrates Court, 7th July 2008
The Defendant was fined £750, and required to pay £1,200 Prosecution costs (c.60% of those claimed) in answer to a prosecution for breach of the Work at Height Regulations 2005 following an accident at its premises when an employee fell from a roof of about six metres in height. He sustained serious fractures to both ankles.
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Thurrock Council v TDG (UK) Ltd
Basildon Crown Court (HHJ Clegg), 4th July 2008
The Company pleaded guilty under s2 HSWA; Reg 3 (1) (a) M H S W Regs to two offences relating to the death of an employee when trapped on a pedestrian pallet truck (PPT) against a diagonal brace in a warehouse.
The trial of an issue, successfully resolved in the Defendant's favour, centred on whether the employee had been properly trained in the appropriate use of PPTs in pedestrian mode in confined spaces.
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HSE v Lewisham Borough Council
Blackfriars Crown Court (HHJ Hillen), 27th June 2008
The case was brought under s3 HSWA. The LBC pleaded guilty to failure in a CDM Project to supervise and manage a project manager who had the responsibility to organise contractors on site where renovation work was being conducted on housing stock belonging to LBC.
The line manager, responsible for such supervision, failed to investigate the circumstances in which the contractors’ work was being conducted and failed to draw up a specific health and safety plan which would have revealed the existence of asbestos.
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HSE v Rimac Ltd
Stafford Magistrates Court, 26th June 2008
This was a prosecution arising out of a serious accident in which an employee of the Defendant suffered the amputation of all of his fingers from his left hand due to a failure to provide sufficient guarding and/or an alternative safe system of work. There was a victim impact statement emphasising the life changing nature of the injury.
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HSE v Alexanders of Twickenham Ltd
City of London Magistrates Court, 25th June 2008
The Defendant Company operates a motor car repair, servicing and sales business. In December 2005, a mechanic employed by the Defendant was carrying out repairs to a car, during the course of which he drained the fuel tank. At some stage whilst he was undertaking the work, his clothes became contaminated with petrol. The petrol vapour ignited and as a result the employee sustained serious burns. He died as a result of his injuries.
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R v Techrail
Yeovil Magistrates Court, 4th June 2008
The Defendant Company manufactures metal parts for use in the transportation industry. The prosecution was brought as a result of an injury to an employee whose right finger became trapped in a machine. The finger had to be amputated. The machine did not have any guards.
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HSE v Berser International Cargo Services Ltd
Stafford Crown Court (HHJ Tonking), 2nd June 2008
The Defendant Company operates a road haulage and logistics company from premises in Newcastle-Under-Lyme. On 7th March 2006, an employee of the Company sustained fatal injuries when a track mounted sliding gate, weighing 0.5 tonnes, fell on him as he attempted to close it.
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HSE v Midland Steel Structures Ltd
Aylesbury Magistrates Court, 8th May 2008
A prosecution arising out of a serious back injury sustained by a sub-contractor’s employee as the direct consequence of the collapse of a concrete pre cast stairway during the construction of a new building. The injured party was in the process of climbing up the stairs in order to reposition the lifting lugs when he slipped off an inadequate footing and fell, suffering a permanent injury which makes it unlikely he will work again.
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North West Leicester DC v TDG (UK) Ltd and Augustus Vaiciulis
Leicester Crown Court (Recorder D Cotton), 28th March 2008
The case, brought under s2 HSWA, Regulation 3 (1) MHSWR, concerned unsafe practice at the Company's premises (a large distribution centre) which had been ongoing for several years. At issue was a failure by management to check and enforce the application of a parking brake at the rear of trailer units in their yard. An employee (64yrs) was crushed to death.
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South Northamptonshire DC v Chelsea Hire
Northampton Magistrates Court, 28th March 2008
The Defendant Company hires marquees and associated equipment for weddings, parties and corporate events. In December 2005 they erected a marquee and had also supplied two gas fired spaces heaters to a public house. A number of functions including a wedding reception were due to be held in the marquee during the hire period. During the wedding reception, a guest suffered severe burns when her skirt ignited as she stood near to one of the gas fired space heaters, which was unguarded.
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