Corporate Manslaughter acquittal

A flower company, based in Norfolk, is one of the first to successfully defend itself against prosecution under the Corporate Manslaughter and Corporate Homicide Act 2007.

A tractor driver was towing a trailer to fill an uneven path with soil when the he tipped the hydraulic lift trailer; it hit a 11kv overhead cable. An onlooker called the ambulance after seeing smoke come from the tractor. The driver managed to get out of the cab but died on the same day.

The Norfolk police alongside the HSE, investigated the incident and discovered that the company director had already carried out the same task previously. It was discovered that there was no evidence to state that victim was following the instruction from the director but had acted on his own initiative.

The prosecution alleged that the driver had not been trained to work under power lines but it emerged that a training course for fork lift truck drivers had been carried out covering working under live cables. The investigation also found out that only a general risk assessment of working in fields had been done but failed to provide instruction of working near live power lines. The company also failed to provide plans showing the location of power lines.

The HSE served a prohibition notice instructing the company to stop tall vehicles approaching the power lines until appropriate risk assessments and a safe system of work had been achieved and that it had provided this information, instruction and training to the workforce.

Although they were acquitted of the charges under  the Corporate Manslaughter and Corporate Homicide Act 2007, the Judge fined the company £50,000 plus costs of £47,932 for breach of Section 2(1) of the Health and Safety at Work Act (failure to ensure the health and safety of employees). This corporate manslaughter acquittal is one of the first.