Higgins Homes Faces Corporate Manslaughter Charge: Fatal Accident on Construction Site
A Chilling Reminder: Construction Site Safety and the Law
The construction industry, a vital engine of economic growth, unfortunately, carries inherent risks. While hard hats and safety vests are commonplace, accidents still occur, some with devastating consequences. In a stark reminder of the importance of safety regulations and corporate responsibility, Higgins Homes is facing a corporate manslaughter charge following a fatal accident on one of its construction sites. This case highlights the potential legal ramifications for companies when safety standards are not met, leading to tragic outcomes.
The Incident: A Chain of Events Leading to Tragedy
In March 2018, Michaela Boor, a 28-year-old woman, was walking past a Higgins Homes building development in Bethnal Green, East London. As she passed the site, a pallet containing over two tonnes of bricks fell from a tower crane, striking her. She was rushed to the hospital but succumbed to her injuries the following day. The incident sparked an investigation by the Metropolitan Police and the Health and Safety Executive (HSE).
Corporate Manslaughter: Holding Companies Accountable
Following the investigation, Higgins Homes PLC, a construction company that develops and builds properties across London and the south east, was charged with corporate manslaughter and offences under Section 3 of the Health and Safety at Work Act 1974. Four men were also charged with gross negligence manslaughter and offences under section 7 the Health and Safety at Work Act 1974. They are Alexander McInnes, a crane operator; Dawood Maan, a crane supervisor; Stephen Coulson, responsible for compiling the lifting plan; and Thomas Anstis, the Site Manager and Temporary Works Coordinator.
Corporate manslaughter is a criminal offense through which a company or corporation is found responsible for a person’s death. The offense came into law in 2008 when the Corporate Manslaughter and Corporate Homicide Act 2007 came into being. The Corporate Manslaughter and Corporate Homicide Act 2007 was introduced to ensure that companies and other organizations can be held properly accountable for serious failings resulting in death. The act allows for a collective assessment of corporate conduct.
** What is Corporate Manslaughter?**
For a company to be accused of corporate manslaughter, it must be proved that there was a gross breach of procedure, which left workers or the public at a significant risk. This breach must be major and be identified as a significant departure from expected standards. A significant part of the failure must also have occurred among those with decision-making powers.
Under the Corporate Manslaughter Act, a corporation can be charged with manslaughter if the way its activities are managed or organized causes a person’s death and amounts to a gross breach of the duty of care owed to the deceased.
The Legal Proceedings: Denials and a Lengthy Trial
Higgins Homes and the four men have denied the charges against them. A representative of Higgins Homes entered not guilty pleas to charges of corporate manslaughter and failing to discharge its duty under the Health and Safety Act 1974. The other defendants each denied gross negligence manslaughter and a similar health and safety offence. The trial is set to be a lengthy one, with an estimated duration of 10 weeks.
Construction Site Safety: A Critical Issue
The construction industry is known to be one of the most dangerous workplaces in the UK. Recent data shows 561,000 non-fatal work-related injuries occurred last year (2022/2023). A total of 135 workers were killed in work-related accidents in Great Britain in 2022/23, an increase of 12 fatalities from 2021/22.
According to the most recent HSE report, the construction industry has witnessed a staggering increase of nearly 20% in fatal injuries over the past five years. In 2022, there were 45 fatal injuries reported, compared to 39 in the previous year. The rate of fatal accidents per 100,000 workers also surged by 22% in 2022, reaching 2.1 compared to 1.72 in 2021.
** Common Causes of Construction Site Accidents**
Among the most prevalent causes of these tragic incidents, falls from height emerged as the leading contributor, with 40 reported cases in 2022, up from 35 in 2021. This was closely followed by accidents involving being struck by moving vehicles, moving objects, contact with machinery in motion, and being trapped by collapsing structures.
The Cost of Negligence: Financial and Reputational
If convicted of corporate manslaughter under the Act, an organization will be liable for an unlimited fine and, if deemed appropriate, an order publicizing the conviction details of the offense and the level of fine imposed. A Court may also impose a remedial order requiring the organization to remedy the breach or any deficiency in the organization’s health and safety policies, systems, or practices that are relevant to the breach.
Beyond the financial penalties, a conviction for corporate manslaughter can have a devastating impact on a company’s reputation. It can lead to a loss of trust from clients, partners, and the public, making it difficult to secure future contracts and maintain a positive image.
Preventative Measures: A Proactive Approach to Safety
To prevent accidents and avoid potential legal ramifications, construction companies must prioritize safety and implement comprehensive measures, such as:
- Regular Risk Assessments: Conducting thorough risk assessments to identify potential hazards and implement appropriate control measures.
- Comprehensive Training: Providing all employees with adequate training on safety procedures, equipment operation, and hazard awareness.
- Enforcement of Safety Protocols: Ensuring that all safety protocols are strictly enforced on-site, with clear consequences for violations.
- Equipment Maintenance: Regularly inspecting and maintaining all equipment to ensure it is in safe working condition.
- Open Communication: Fostering a culture of open communication where employees feel comfortable reporting safety concerns without fear of reprisal.
The Importance of Seeking Legal Advice
If you or a loved one has been injured in a construction site accident, it is crucial to seek legal advice from experienced personal injury lawyers. A knowledgeable attorney can help you understand your rights, navigate the legal process, and pursue the compensation you deserve.
Conclusion: A Call for Vigilance
The case of Higgins Homes serves as a somber reminder of the critical importance of safety in the construction industry. Companies must prioritize the well-being of their workers and the public by implementing and enforcing rigorous safety measures. Failure to do so can lead to tragic consequences, including serious injuries, fatalities, and severe legal repercussions.
By prioritizing safety, construction companies can create a safer working environment, protect their employees and the public, and avoid the devastating consequences of negligence.