Second conviction made under new corporate manslaughter legislation
A second small company has been prosecuted under the Corporate Manslaughter and Corporate Homicide Act 2007. JMW Farms Limited (Co. Armagh) has been fined £187,500 plus £13,000 in costs over the death of employee Robert Wilson who died after being hit by a metal bin that fell off a forklift being driven by a company director. It later materialised that, not only had the bin not been properly attached to the forklift, but that the lifting forks and bin were not compatible in terms of correct insertion of one into the other.
Louis Burns, Acting Deputy Chief of the Health and Safety Executive stated that “this case highlights the importance of managing health and safety in the workplace and demonstrates the terrible consequences of not doing so...new corporate manslaughter legislation clarifies the criminal liabilities of companies where serious failures in the management of health and safety result in a fatality. I would therefore urge anyone with a management or a supervisory role to ensure that proper management and control systems are in place to prevent another needless death from occurring.”
This prosecution comes relatively soon after the previous conviction of Cotswold Geotechnical Holdings Limited and is the biggest health and safety fine ever imposed on a company in Northern Ireland. When comparing the outcome of the two cases it is interesting to note the difference in fines. Cotswold Geotechnical, with an annual turnover of £300,000, were fined £385,00 payable over ten years (without costs being awarded) which is significantly below the £500,000 guideline starting point. In comparison, JMW Farms Limited had an annual turnover of approximately £1 million but yet attracted a smaller fine. Guidelines do state that a company’s accounts should be carefully considered when determining the fine applicable. The prosecution of Lion Steel Equipment Limited, due to be heard in early course, will be a point of interest and comparison going forward.
