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Health and Safety prosecution of company director for neglect

Lawgistics has presented a series of articles on the new Corporate Manslaughter legislation.

However, we should not lose sight of the duties of individual directors and the potential for their prosecution when an accident arises.

In the recent case of R v P Ltd, a child was killed when thrown from a fork lift truck in collision with another fork lift truck carrying an unsecured third reel of paper on two secure reels.

A particular Director ‘G’ was responsible for Health and Safety. The practice of carrying such unsecured loads was common place.

‘G’ did not directly know but the prosecution produced evidence proving he should, by reason of the circumstances, have been put on inquiry as to whether the relevant safety procedures were in place.

They were able to prove he was generally aware of the unsafe practice of carrying unsecured loads.

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