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simian

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Satellite firm fined £1 for roof death
18 August 2011



A satellite-television installation company, which is no longer trading, has been fined £1 following the death of a worker who fell from the roof of a four-storey house.

The Old Bailey heard that engineer Noel Corbin, 29, was working for Foxtel Ltd when the incident took place on 3 February 2008. The company, which had a contract to carry out repairs on Sky TV and satellite faults, sent Mr Corbain was sent to a property in Belsize Park, London to fix two faulty satellite dishes.

Mr Corbin was working on a dish on the property's roof apex, which he had accessed via a dormer window. Before his fall he was also seen working on another satellite dish located on a flat roof. There were no witnesses to his fall but it is thought that he slipped while walking across the sloping part of the roof and fell 13.5 metres, landing on a side patio. He was pronounced dead at the scene.

The HSE’s investigation found that no risk assessment had been carried out before the work commenced and Mr Corbin had not been issued with a harness. HSE inspector Charles Linfoot told SHP that the company should have accompanied Mr Corbin on a site visit to carry out a site-specific risk assessment, once it was established that the building had more than two storeys.

The inspector also revealed that the company had not requested any references from Mr Corbin when it first employed him, nor did it ask him to present any training certificates. It also failed to supervise any of his site visits to assess his competence.

Inspector Linfoot said: “Mr Corbin's death has had a devastating effect on his family – made all the more tragic because the incident was easily preventable. Owing to the foreseeable risk of falling and the lack of suitable access equipment, the work should have been cancelled.

"Foxtel should have carried out a full site-specific risk assessment, planning and organising the work to be executed in a safe manner. It is not acceptable to simply delegate health and safety duties to employees without adequate instruction, training, monitoring, or supervision.”

Foxtel Ltd ceased trading in June and appeared in court on 12 August to plead guilty to breaching s2(1) of the HSWA 1974. As it has no assets the court fined the company £1.

In mitigation, the company said it had fully cooperated with the investigation and had a previously unblemished safety record. It also said that before it ceased trading it had provided staff with work-at-height training and employed additional field managers to carry out site inspections.

After the hearing Inspector Linfoot added: “I hope the conviction of Foxtel Ltd sends a clear message to other installation companies in London and elsewhere that, where access to residential properties from height is required, companies are ultimately responsible for carrying out a full site-specific risk assessment."
 
maybe if the owners of foxtel had been proscecuted instead of a £1 fine it would send a clear message out to others, but the only message it sends out to me is cease trading before court and you will be ok
 
Idiot doing this in the snow!!!!!:cry:

[ame=http://www.youtube.com/watch?v=aLrQsLkTqNY&feature=related]Crazy man on ladder - what a nutter! - YouTube[/ame]
 
I am surprised that the corporate manslaughter act 2007 did not make the directors responsible and either claim or convict them?

The Corporate Manslaughter and Corporate Homicide Act 2007 is a landmark in law. For the first time, companies and organisations can be found guilty of corporate manslaughter as a result of serious management failures resulting in a gross breach of a duty of care.
 
Inspector Linfoot said: “Mr Corbin's death has had a devastating effect on his family – made all the more tragic because the incident was easily preventable. Owing to the foreseeable risk of falling and the lack of suitable access equipment, the work should have been cancelled.

Maybe when the families grief turns to anger they can mount a private prosecution.
 
you have to laugh at these clowns in wigs "a terrible effect on the family"
we are talking about a mans life,a son not a ******* dog that has run away:mad:
 
mr linfoot hopes this "conviction sends out a clear message to other companies"what is that message mr linfoot that a mans life cost £1:mad:

a fecking disgrace
 
another post that should have more posts,this forum is turning into a disgrace.a man has lost his life and almost no reply from the guys that could have saved it
 
The reason that HSE took the prosecution is that Mr Corbin's dependents now have a cast iron case in the civil courts should they choose to go after Foxtel through their insurers for damages. HSE will also pursue liquidated companies when they believe it to be in the public intererest. HSE are also increasingly asking the courts to strike off directors and ban them from acting as directors.

The judge could not actually have fined the company any more tha £1 even if he had wanted to as the company has no assets - his hands are tied. Not strictly fair to blame him. I expect he would have liked to have thrown the book at them.

To take up Morgan Law's point about corporate manslaughter, an individual cannot be found guilty of corporate manslaughter. The previous government removed that from the act when they discovered that individual ministers could be brought before the courts for any deaths that may occur in their departments....

The previous "corporate" manslaughter law is still in place (gross negligence manslaughter) however the burden of proof is very high. In both manslaughter cases it is the CPS who take the prosecution, not the HSE, so if the police/CPS don't think it is a runner it is not likely to reach court.

There is now a sentencing option of inprisonment under the HASAW 1974 unde sections 2 - 9 and sections 36 and 37 - however, the courts at the moment seem loathe to do this. Although HSE has plenty of convictions in these sections the courts have so far not imprisoned anyone.

Hope this claryfies why the prosecution went ahead.

Otto :cool:
 
Thanks gents - combination of being riduculously busy followed by an extended holiday in the Republic of Ireland (chasing bass off the beaches with my fishing rod...)

All the best

Otto:cool:
 
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