Cases - Regina v Swan Hunter Shipbuilders and telemeter installations
Record details
- Name
- Regina v Swan Hunter Shipbuilders and telemeter installations
- Date
- (1981)
- Legislation
- Keywords
- Health and safety
- Summary
-
The employers distributed a safety booklet to their own employees warning of the dangers of oxygen enrichment in confined spaces. This booklet was not distributed to contractors (i.e. visiting employees of another organisation). A fire broke out and a contractor left an oxygen hose in the deck, the fire became intense because that part of the ship was badly ventilated and the atmosphere became oxygen enriched. As a result eight workmen were killed.
The prosecution was taken for breaches of the HSWA section 2(2)(a) failure to provide safe system of work, section 2(2)(c) failure to provide information and instruction) and section 3(1) duty to non-employees.
The court found that the employer should have forwarded the information to the visiting employees and their employer. It was held that passing the information would have been 'reasonably practicable' and as such the 'host employer' was liable.
Details of further prosecutions and case law can be found on the Health and Safety Executive (HSE) website.