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ARTICLE · 01 JUNE 2006

Industrial Manslaughter

Clayton Utz
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In an illustration of an extreme example of recklessness and negligence in relation to the health and safety of workers, four workers died after being hit by a runaway trailer on a railway in Cumbria, United Kingdom in February 2004.

AustraliaEmployment and HR
Joe Catanzariti
Joe Catanzariti
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Key Point

  • An English case sheds light on the degree of recklessness required to find an employer guilty of manslaughter for a workplace fatality under criminal law.

In an illustration of an extreme example of recklessness and negligence in relation to the health and safety of workers, four workers died after being hit by a runaway trailer on a railway in Cumbria, United Kingdom in February 2004.

The Prosecutor in the case stated that the manager of MAC Machinery Services "had deliberately disconnected the hydraulic brakes on two wagons in order to save money rather than having them fixed properly". It was further found that the manager had filled the hydraulic hoses with ball bearings to give the impression that they were charged with fluid.

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