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Esso maintenance contractor charged with manslaughter
The Crown Prosecution Service has brought a charge of gross-negligence manslaughter against a contractor, in relation to the death of a worker at an Esso-owned oil refinery.
Esso Petroleum Company Ltd had contracted Austin and McLean Ltd to undertake maintenance on a jib, from which a large fuel pipe was suspended, at the oil refinery in Fawley, Southampton.
On 30 August 2008, 40-year-old Juan Antonio Quintanilla Romero, a native of Honduras, was working on a fuel tanker, which had docked at the refinery. As he did so, the jib gave way, due to the failure of a badly-corroded connector bolt, and the fuel pipe collapsed on him.
Following investigation by both the Hampshire Police Service and the HSE, the CPS has decided to charge Austin and McLean with gross-negligence manslaughter and breaches of sections 2 and 3 of the HSWA 1974. Esso has also been charged with breaching sections 2, 3 and 4 of the same Act, along with reg. 9 of LOLER 1998 and reg. 5 of PUWER 1998.
Gaon Hart, senior Crown advocate in the special crime team at the CPS, said: “I have very carefully considered the evidence and have decided that Austin and McLean Limited should be charged with offences, including an offence of gross-negligence manslaughter, relating to a gross breach of their duty of care towards Mr Romero.
“I have also decided that Esso should be charged with HSWA 1974 offences, including those under sections 2, 3 and 4 relating to a failure to ensure, so far as is reasonably practicable, the health and safety at work of employees and visitors.
“I have concluded that there is sufficient evidence resulting from the investigation to provide a realistic prospect of conviction and that a prosecution is required in the public interest. Those are the tests set out in the Code for Crown Prosecutors.”
The gross-negligence manslaughter charge against Austin and McLean is defined as corporate manslaughter under common law. Even though the incident occurred after the Corporate Manslaughter and Corporate Homicide Act 2007 came on to the statute books in April 2008, the firm was not charged under the Act because a large part of the company’s conduct in relation to the incident occurred prior to this date, a CPS spokesperson explained.
Both Esso and Austin and McLean will appear at Southampton Magistrates’ Court on 5 September.
Esso maintenance contractor charged with manslaughter
The Crown Prosecution Service has brought a charge of gross-negligence manslaughter against a contractor, in relation to the death of a worker at an Esso-owned oil refinery.
Esso Petroleum Company Ltd had contracted Austin and McLean Ltd to undertake maintenance on a jib, from which a large fuel pipe was suspended, at the oil refinery in Fawley, Southampton.
On 30 August 2008, 40-year-old Juan Antonio Quintanilla Romero, a native of Honduras, was working on a fuel tanker, which had docked at the refinery. As he did so, the jib gave way, due to the failure of a badly-corroded connector bolt, and the fuel pipe collapsed on him.
Following investigation by both the Hampshire Police Service and the HSE, the CPS has decided to charge Austin and McLean with gross-negligence manslaughter and breaches of sections 2 and 3 of the HSWA 1974. Esso has also been charged with breaching sections 2, 3 and 4 of the same Act, along with reg. 9 of LOLER 1998 and reg. 5 of PUWER 1998.
Gaon Hart, senior Crown advocate in the special crime team at the CPS, said: “I have very carefully considered the evidence and have decided that Austin and McLean Limited should be charged with offences, including an offence of gross-negligence manslaughter, relating to a gross breach of their duty of care towards Mr Romero.
“I have also decided that Esso should be charged with HSWA 1974 offences, including those under sections 2, 3 and 4 relating to a failure to ensure, so far as is reasonably practicable, the health and safety at work of employees and visitors.
“I have concluded that there is sufficient evidence resulting from the investigation to provide a realistic prospect of conviction and that a prosecution is required in the public interest. Those are the tests set out in the Code for Crown Prosecutors.”
The gross-negligence manslaughter charge against Austin and McLean is defined as corporate manslaughter under common law. Even though the incident occurred after the Corporate Manslaughter and Corporate Homicide Act 2007 came on to the statute books in April 2008, the firm was not charged under the Act because a large part of the company’s conduct in relation to the incident occurred prior to this date, a CPS spokesperson explained.
Both Esso and Austin and McLean will appear at Southampton Magistrates’ Court on 5 September.
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