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Company and manager prosecuted following worker's death

22 August 2016

Further implications of the Corporate Manslaughter and Corporate Homicide Act 2007 have arisen following the death of an employee of Bilston Skips.

After falling eight feet from the top of a skip on 28 June, 2012, the 24-year-old worker suffered severe internal injuries and died in New Cross Hospital, Wolverhampton as a result.

He had been rearranging waste, including garden rubbish, within two large skips for compression, according to Construction Health and Safety News.

An excavator was used to compress the waste, which the court heard was "in very poor condition".

Although in close proximity to where the employee was working, it was not clear whether the excavator arm had made contact before he fell.

Site manager Bikram Singh Mahli was operating the excavator, the court was told.

Mr Mahli confirmed that he had received no health and safety training and there was no established process to report or record incidents.

Wolverhampton Crown Court fined Bilston Skips, which is now in liquidation, £600,000 on 16 August after convicting the company of one charge of corporate manslaughter and another under the Health and Safety at Work, etc, Act 1974.

Mr Mahli pleaded guilty to contravening Section 37 of the Health and Safety at Work, etc, Act 1974 at the start of the trial and was also found guilty of gross negligence manslaughter by Wolverhampton Crown Court on 16 August.

The court sentenced Mr Mahli to a two year prison term, suspended for two years.

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