Occupational Health and Safety and the Law

Order Description

Occupational Health and Safety and the Law

Consider the situation described below and answer the two questions that follow.
Any reasonable assumptions that are consistent with the situation described maybe made in answering the questions. Any such assumptions must be clearly stated.

Case study
ABC Jetting Ltd had been contracted to undertake high-pressure water jetting operations during the construction of a new flyover on an urban highway in Gatecastle. High-pressure water jetting (at a pressure of 1500 bar) was primarily used on the site to cut through the end of concrete support sections. The use of disc cutters for this work had been and has resulted in a number of complaints from nearby retail premises due to the excessive amount of dust produced.
On 16th October 2012, a fatal accident occurred during the use of high-pressure equipment. While working from a scaffold 10 meters above the ground, Fred Jones, an employee of Roadbuild plc (the principal contractor), identified the need to remove solidified concrete overspill from a cross-section in order to prevent it impeding the placement of an intersecting section. Noting that the employees of ABC jetting appeared to have taken a break, but had left their equipment in the area, Mr Jones went over to the jetting lance with the intention of using it to remove the excess concrete. He had gained some experience of water cleaning operations while working on a city centre renovation project about two years previously. As he pickes up the lance, the compressor ‘kicked in’ and the resulting pressure forced him backwards between the guard-rail and toe-board of the scaffold. He fell to ground.. a site first-aider was quickly at the scene and an ambulance was called but Fred Jones was pronounced dead on arrival at Gatecastle Royal Infirmary, having sustained multiple injuries.
A number of persons gave evidence at the corners inquest and relevant extracts from the transcribed proceedings are provided (an HSE investigation was reported at the inquest as ‘incomplete’).
1. With respect to the criminal law, identify and discuss the relevant statutory and common law duties relevant to the fatal accident that may have breached and the evidence that supports such breaches.
2. Identify and discuss the civil actions Mr. Jones’s dependents might bring. Include the evidence for each element that must be proved for a successful action.

Your answers should be supported by reference to relevant statute and case law with quotes from law reports where relevant.

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