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Haulier is jailed after fatal depot accident

7th November 1996
Page 6
Page 6, 7th November 1996 — Haulier is jailed after fatal depot accident
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by Michael Jewell • Alan Jackson, former managing director of Jacksons Transport (Ossett), has begun a 12-month jail sentence for the corporate manslaughter of an employee who died during a tank cleaning operation.

In what was said by the defence to be the first ease of its kind relating to employer liability, Jackson, of Thornhill Road, Middleton, Wakefield, was also fined a total of £1,500 for two offences of failing to ensure the safety of the company's employees. The company was fined £15,000 for corporate manslaughter and a further £7,000 for failing to ensure the safety of its employees.

The charges arose out of the death of 21-year-old James Hodgson, who died within an hour of being sprayed in the face with the toxic chemical parachloro-orthocresol (PCOC) while cleaning one of the company's 13 tankers.

Martin Bethel QC, appearing for the company and Jackson, said Jackson was an unsophisticated businessman who had been at fault in not employing someone to take responsibility for safety. If Jackson were to be jailed the company, which employs 35 people, would probably be unable to continue trading for much longer, said Bethel.

Passing sentence, Judge Gerald Coles QC said that Jackson and the company were guilty of gross negligence in respect of its duty of care towards a young employee. There were those in the haulage trade who might be tempted to take risks with the safety of their employees, he added, and it was a particularly important part of his duty to discourage such people.

An earlier incident should have rung warning bells, said Coles. Jackson had been almost totally indifferent to his statutory duties, and he had failed to address his mind to any considerations of safety.


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