�The Health and Safety Executive (HSE) has warned all employers to ascertain they protect their workers' lives after the jailing of a company film director for manslaughter.
Sharaz Butt, the director of Alcon Construction Ltd of Norwich, was sentenced to 12 months jail in Norwich Crown Court yesterday after pleading guilty to the manslaughter of Wu Zhu Weng. He as well received a five-year disqualification from playing as a company manager after pleading guilty to breaching section 37 of the Health and Safety at Work etc 1974 Act.
Mr Butt was prosecuted by Norfolk police force, with assistance from the HSE, over the incident on 31st January 2008. Mr Weng was working for Alcon Construction on the renovation of a building on Trowse, Norwich, when he fell 12 feet through and through a fanlight, suffering fateful injuries.
In his sentencing remarks, Judge Peter Jacobs aforesaid Mr Butt had shown a "cynical disregard" for his workers, including Mr Weng, by employing them illegally and failing to ensure their safety.
HSE Inspector Peter Nickerson said:
"The judgment of conviction handed down by the judge reflects the earnestness of the offence committed by Mr Butt. As company theater director, he was responsible for the health and safety of all his workers, and he failed to fulfil this responsibility.
"Mr Weng's tragic death could accept been prevented had his employer followed basic health and safety procedures. The skylight Mr Weng was working close had had not been properly covered and was a unsafe place to work.
"Mr Butt had as well failed to prepare a method statement and jeopardy assessment for the cultivate he expected his staff to do, did non provide earmark access and egress, and did non ensure that his faculty received the necessary training to carry out the work.
"All employers have a duty to protect the safety of their workers. The mental synthesis industry in particular has one of the highest rates of fatalities in Britain, and HSE volition not pause to prosecute those world Health Organization put the lives of their employees at risk in this way."
Notes
Section 37 of the Health and Safety at Work etc Act 1974 states: "Where an offence under any of the relevant statutory provisions committed by a soundbox corporate is proved to have been committed with the consent or secret approval of, or to have been attributable to whatever neglect on the part of, any director, manager, secretary or other alike officer of the body corporate or a mortal who purporting to move in such a capacity, he as well as the dead body corporate shall be guilty of that offence and shall be liable to be proceeded against and punished consequently."
The utmost penalty for a breach of the Act in the higher court is an outright fine.
HSE also brought a prosecution against Alcon Construction Ltd under section 2 of the HSWA, which states: It shall be the duty of every employer to ascertain, so far as is reasonably feasible, the health, safety and welfare at work of all his employees." Alcon Construction was given a nominal fine of �10. IN his sentencing remarks the gauge made clear the fine would have been tens of thousands of pounds had the company been in a position to pay such an measure.
http://www.hse.gov.uk
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Tuesday, 9 September 2008
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