The immediate and underlying causes of the accident
However, according to the Management of Health and Safety at Work Regulations 1999, Brian could easily escape any charges because the act provides that an employer should make provisions and arrangements that are appropriate to the employee’s skills and competencies.The employer is required to ensure that there is effective planning in organization, monitoring and controlling of all the review and preventive actions to ensure the health and safety of his employees.
However, notwithstanding all the negligence that marred the case, the individual with the instruction on how the pump should be operated, was held. Owing to this, the manager and the employee, who were assigned to operate the pump, could easily be charged with gross negligence resulting in manslaughter. Brian could be charged with manslaughter because both murder and manslaughter have the same foundations; recklessness or negligence that leads to death in both cases.
Legal duties of the Company and individuals involved in relation to this accident
In my view, the company has not complied with the legal obligations on the health and safety of its employees. In case they had complied, the manager of the office where Richard died would not have assigned the task of operating the pump to Brian, who did not have any skills or competencies of operating it. Furthermore, if the company had complied with all the legal obligations of the health and safety of its employees, Brian himself would not have accepted to carry out a duty for which he knew he was not competent. In summary, the company has all the reasons to be blamed for this unfortunate incident, although the individuals involved can still be charged with negligence cases.
There is a possibility that some individuals in the company can be prosecuted for negligence. The CEO of the company can be prosecuted, as well as the individuals who were directly involved in the office prior to Richard’s death. The consequences of prosecution in this case will be determined by the court findings. If the court finds that the company was responsible for the death of Richard, the court may decide to halt the activities of the company. However, depending on the evidence that shall be accrued in the trial, the court may decide to charge the individuals associated with negligence, but not the company. Notwithstanding this, the company will be required to comply with all the HSE requirements, failure to which it will be operating illegally; against the requirements of the law concerning health and safety of employees.
Police investigations may not yield much evidence, as the issue involved here has to do with negligence of health and safety principles. Therefore, the investigation results will largely be associated with health and safety shortcomings that have more to do with HSE investigations than with police investigations. Of course, HSE investigations will reveal gross negligence from the company itself, and more specifically with the individuals who were directly involved in the unfortunate incident.
References
De Sadeleer, N. (2012). The Precautionary Principle in European Community Health and Environment Law: Sword or Shield for the Nordic Countries? In Implementing the Precautionary Principle (pp. 46-94). Routledge.
Dingsdag et al (2008). Understanding and defining OH&S competency for construction site positions: Worker perceptions. Safety Science, 46(4), 619-633.
Dollard, M. & Bakker, A. (2010). Psychosocial safety climate as a precursor to conducive work environments, psychological health problems, and employee engagement. Journal of Occupational and Organizational Psychology, 83(3), 579-599.
Granerud, R & Rocha, R. (2011). Organisational learning and continuous improvement of health and safety in certified manufacturers. Safety Science, 49(7), 1030-1039.
Makin, A, & Winder, C. (2008). A new conceptual framework to improve the application of occupational health and safety management systems. Safety Science, 46(6), 935-948.
Makin, A. M., and C. Winder. “A new conceptual framework to improve the application of occupational health and safety management systems.” Safety Science 46.6 (2008): 935-948.
Mensah, L. D., & Julien, D. (2011). Implementation of food safety management systems in the UK. Food Control, 22(8), 1216-1225.
Nankervis et al (2016). Human resource management: strategy and practice. Cengage AU.
Tombs, S., & Whyte, D. (2013). Transcending the deregulation debate? Regulation, risk, and the enforcement of health and safety law in the UK. Regulation & Governance, 7(1), 61-79.
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