Regentford Ltd v Health and Safety Executive

10 August 2010

In February 2005, Salwinder Kumar, a mason and plasterer, was repointing brickwork on the first floor of a building in Croydon when he fell from scaffolding. He suffered severe head injuries and died five days later.

R v Chargot and Others [2008] UKHL 73 on appeal from [2007] EWCA Crim 3032

11 September 2009

In January 2003 R, who was employed by Ch Ltd, was working at a farm in Lancashire where extensive construction work was being carried out. The work involved the removal of topsoil from the site. The topsoil was moved by dumper truck to a depression in a field 500 yards away. A ramp had been constructed next to this depression. As R was driving a dumper truck, it overturned and buried him under the load of soil which was being transported. He suffered fatal injuries.

Richards v Highway Ironfounders (West Bromwich) Ltd [1955] 3 All ER 205

4 February 2008

Mr Richards' job was to knock the sand out of casting moulds. The moulds were delivered to a location on the factory floor and Mr Richards and others set about them with pneumatic chisels, hammers and hand tools. A great deal of dust was given off during this process. However, the knocking-out was not organised so that it was all done at the same time. Neither was it arranged so that the moulds were delivered to exactly the same spot on the floor each time. They were just deposited and the men had to go to them. It was the case that they had to go to the moulds rather than the moulds being brought to a pre-determined workplace. Because of this, no exhaust appliances were installed at the knocking-out area.

Rae v Glasgow City Council (1997) The Times, April 22, Scottish Outer House

8 January 2008

R, who had never smoked, claimed compensation for illness caused by passive exposure to tobacco smoke at work between 1979 and 1994. She had worked in a number of small offices as a word processor operator. Her colleagues, and visitors, had smoked heavily. It was argued on her behalf that no proper and efficient ventilation had been provided for her workplace, no exhaust appliances had been provided and no warnings had been given to her of the dangers associated with exposure to tobacco smoke.

R v Board of Trustees of the Science Museum (1993) The Times, March 15, Court of Appeal

8 January 2008

The prosecution alleged that members of the public outside the Science Museum had been exposed to risks to their health from legionella pneumophila, because of inadequate maintenance of the museum's air conditioning system. The prosecution argued that it was not necessary to prove that members of the public had actually inhaled the bacterium or that it had actually been there to be inhaled.

R v B&Q plc [2005] EWCA Crim 2297, Court of Appeal

19 April 2007

B&Q appealed against its conviction for five offences under s.3 of the 1974 Act. The convictions followed a fatal accident at one of its stores when a fork-lift truck reversed in the yard of the store. The truck struck one of B&Q’s employees a glancing blow and killed a customer. The prosecution argued that a banksman should have been present during fork-lift truck movements.

Rothwell v Chemical & Insulating Co Ltd (2006) The Times, January 11, CA

19 April 2007

A number of claimants had been negligently exposed to asbestos dust by their employers. All had developed pleural plaques. They were at risk of developing one or more long-term asbestos-related diseases and they suffered anxiety at the prospect that they might suffer such disease. It was accepted that none of these consequences, on its own, would amount to damage capable of founding a cause of action in negligence. The issue was whether, by aggregating with pleural plaques one or both of the other consequences, sufficient damage could be demonstrated to found a cause of action.

R v HTM [2006] EWCA Crim 1156

19 April 2007

HTM provided traffic management services to Colas Ltd, contractors engaged to resurface parts of the A66 trunk road between Lowfield and Greta Bridge. Fred Cook and John Crimmins were employees of HTM. They were engaged in providing these services. They took their day-to-day instructions from Colas.

R v Brian Dean (2003) HSB 315:21, CA

23 March 2007

D, a company director, was convicted in April 2002 of two counts of manslaughter. He was sentenced to 18 months’ imprisonment for each offence. D had been contracted to demolish a kiln. Two of his employees were killed during the work. It was agreed that the only safe way to demolish the kiln was to remove the bricks first and then to cut the steel skeleton. The deceased employees cut the skeleton before removing the bricks, and vast areas of unsupported brickwork fell on them. The trial judge told the jury that it could convict D of manslaughter if it was satisfied that he had failed to warn the deceased of the dangers of removing the skeleton before removing the brickwork. D appealed to the Court of Appeal.