Mock Trial. Health and Safety Event NEC, Birmingham 23 March , Mock Trial part , Mock Trial part 2

Transcription

1 Mock Trial Health and Safety Event NEC, Birmingham 23 March , Mock Trial part , Mock Trial part 2

2 Scenario Background Peter Scott Construction Limited ( PSCL ) appointed by Docklands Authority (client) to be Principal Contractor on construction of seven-storey residential development at Victoria Dock in Liverpool. The MD of PSCL, Peter Scott, visits each of the PSCL s projects regularly. PSCL sub-contracted to Hammond Electricians Limited ( HEL ) to carry out electrical installation and wiring. PSCL obtained a services diagram and were told by the client that as far as they were aware, all existing services on site had been decommissioned but that PSCL should make their own enquiries. Excavations did not reveal any of the services shown. This information was provided to HEL.

3 The Accident Robert Mitchell, an employee of HEL, cut into a live electrical armored cable when working in a small out-house building that had been left on the site after the rest had been demolished six years earlier. Mr Mitchell had seen the cable and informed a senior HEL site manager who informed him the services were decommissioned and instructed him to proceed. Mr Mitchell suffered concussion, a fractured wrist and 2 cracked ribs. He was in hospital for 5 days and off work for over 2 months.

4 Indictment Count 1 STATEMENT OF OFFENCE Contravention of section 3(1) of the Health and Safety at Work etc Act PARTICULARS OF OFFENCE PETER SCOTT CONSTRUCTION LIMITED, on and before the 29 th day of April 2016, breached the duty to conduct its undertaking in such a way as to ensure, so far as is reasonably practicable, that persons not in its employment, including Robert Mitchell, who may be affected thereby are not thereby exposed to risks to their health or safety in that it failed to provide the correct information concerning the decommissioning of all existing incoming and outgoing electrical services at the Victoria Dock site in Liverpool. Count 2 STATEMENT OF OFFENCE Contravention of Regulation 25(1) of the Construction (Design and Management) Regulations PARTICULARS OF OFFENCE PETER SCOTT CONSTRUCTION LIMITED, on and before the 29th day of April 2016, failed to suitably locate, check and clearly indicate an energy distribution installation (namely, a live electric cable) where it was necessary to do so, in order to prevent danger.

5 The Parties The Judge Prosecuting Counsel Defence Counsel Michael Wisdom Senior Site Manager HEL Janine Belfort - HSE Inspector Peter Scott MD of PSCL

6 Programme Introductory remarks and Prosecution opening speech Prosecution witnesses Michael Wisdom Examination and Cross examination Janine Belfort - HSE Inspector - Examination and Cross examination Defence witness Peter Scott - Examination and Cross examination Closing Speeches (Prosecution and Defence) Verdict Guilty or Not-Guilty? Over to you! Sentencing submissions (Prosecution and Defence) Judge Sentencing Remarks Feedback and Discussion

7 The Trial

8 The Verdict Guilty or Not-Guilty?

9 Issues for further consideration What do you think went well for PSCL in the trial What do you think did not go so well for them? What made you reach the verdict that you did? RIDDOR Reports the potential to incriminate Internal Investigation Reports - disclosure PACE Interviews / Written Submissions and strategy Overcoming a difficult H&S Culture Relying on information provided by others The importance of documentation The importance of legal privilege Communication with the HSE Duties on the Principal Contractor under CDM to plan, manage and monitor the construction phase and coordinate matters relating to health and safety how widely is this interpreted? Potential for individual liability Whether to plead guilty or defend Trial tactics and the importance of credible witnesses The impact of the new Sentencing Guidelines and calculating culpability and harm Insurance What can organisations do now to protect themselves?

10 Questions? Louise Mansfield Laura Page Adrian Mansbridge