• Robert Spicer

MOD agency driver killed: no prosecution: Crown Censure: rule of law? You speak in jest

Driver death: Ministry of Defence Crown Censure

Statutory reference: ss. 2 and 3 of the Health and Safety at Work, etc., Act 1974 (HSWA).

The MOD has been issued with a Crown Censure following the death of an agency driver.

The facts

· In November 2013 Graham Wood, an agency driver working for the MOD, was crushed between a reversing lorry and a stationary vehicle as he was delivering goods to a holding area in Warwickshire. He suffered fatal injuries.

· The MOD had failed to assess the risks created by the movement of large vehicles. It had failed to ensure that a safe system of work was in place to identify and control the risks presented by those movements.

The decision

The HSE issued the MOD with a Crown Censure in relation to breaches of ss. 2 and 3, HSWA, for failing to ensure the health and safety of employees and non-employees.

The MOD cannot be prosecuted in the same way as non-government bodies. A Crown Censure is the maximum sanction which the HSE can bring against a government body. There is no financial penalty associated with a Crown Censure. Once a Censure is accepted, it is an official record of failings to meet legal standards.

Driver death: Ministry of Defence Crown Censure [remove for online]

Statutory reference: ss. 2 and 3 of the Health and Safety at Work, etc., Act 1974 (HSWA).

The MOD has been issued with a Crown Censure following the death of an agency driver.

The facts

· In November 2013 Graham Wood, an agency driver working for the MOD, was crushed between a reversing lorry and a stationary vehicle as he was delivering goods to a holding area in Warwickshire. He suffered fatal injuries.

· The MOD had failed to assess the risks created by the movement of large vehicles. It had failed to ensure that a safe system of work was in place to identify and control the risks presented by those movements.

The decision

The HSE issued the MOD with a Crown Censure in relation to breaches of ss. 2 and 3, HSWA, for failing to ensure the health and safety of employees and non-employees.

The MOD cannot be prosecuted in the same way as non-government bodies. A Crown Censure is the maximum sanction which the HSE can bring against a government body. There is no financial penalty associated with a Crown Censure. Once a Censure is accepted, it is an official record of failings to meet legal standards.

VV

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