Corporate Accountability
Tara Whelan - Coroner's Inquest Outcome
Tara Whelan was a BT Customer Service Engineer and a member of the
Communication Workers Union. Tara would have been 34 in May this
year, tragically she was involved in an accident in Trowbridge,
Wiltshire on Friday 25th May 2001, whilst working on a BT pole. The
trailer of an articulated lorry snagged an aerial cable, which was
attached to the pole that Tara was working on. As the aerial cable
pulled taut, the force caused the pole to break and Tara was thrown
to the ground sustaining head injuries.
On 2nd June 2001, at Frenchay Hospital in Bristol, Tara died from these injuries.
The first two days of the inquest into Tara's death took place in March 2002 in Chippenham, Wiltshire. The inquest was adjourned at that time as the Coroner asked the Police to investigate certain aspects involving the accident. A report from the Wiltshire Constabulary was prepared, and the inquest resumed on March 5th 2003, which concluded in the late evening of Thursday March 6th 2003.
The verdict of the inquest was Accidental Death. The police, after discussions with the Crown Prosecution Service, found that there was not enough evidence to form a case for Corporate Manslaughter, as it was not possible to identify an individual with sole responsibility, who acted with gross negligence.
However, the police investigation concluded with a list of recommendations that they requested the Coroner and the Jury to take into consideration. The Jury unanimously requested that a report be undertaken into further aspects of BT procedures.
The Jury put forward a number of recommendations to remedy the highlighted failure in the company's plant and procedures.
The Jury asked the Coroner to raise, with the Department of Transport, the issue of maximum height for vehicles. The Coroner promised to take up this issue with the Transport Research Laboratory in the first instance.
The Jury wanted an investigation to establish whether there was a case for Corporate Responsibility for Tara's death. On this issue, the Coroner ruled that as the CPS had already ruled on a prosecution for Corporate Manslaughter not being possible, he was unable to take forward this recommendation.
Also, the Coroner asked the police to further investigate the issue of the lost safety forms that were on the pole that Tara was climbing when she had the accident and fell.
At the close of the inquest, CWU approached BT's Head of Health and Safety to request an immediate review of their procedures.
Further representations have also been made by Tara's family and the CWU to the Health & Safety Executive to ascertain their views on proceeding with a prosecution under Section II of the Health & Safety at Work Act. The HSE will meet with the union once they have considered this.
It is the firm view of the CWU that there has been a clear breach of section 2 of the Act, and the union will be asking the HSE to prosecute.
It is important to state that Tara's Branch, the CWU South West Engineering Branch, carried out a thorough accident investigation, and this, plus the photographs taken by the safety rep proved absolutely vital in ensuring that the Coroner reached the conclusions and recommendations that he did. Without their thoroughness, there can be no doubt that the outcome could have been entirely different.
The CWU has over 25,000 members who climb telephone poles. The union will make sure that they all know the details in Tara's case. The CWU will work tirelessly to ensure that systems and procedures are in place, that they are enforced, that proper training is given, and that the plant our members work on and the equipment they use, are both fit for purpose and are regularly inspected and tested.
The CWU believe that the best tribute that we can pay to Tara's memory is to ensure that no more incidents of this type occur again.
HSE PROSECUTION - POST OFFICE FOUND GUILTY
On Friday 13 July 2001, The Post Office of Royal Mail
House, 148 Old Street, London, appeared before Birmingham
Magistrates' Court in a prosecution brought by the Health and
Safety Executive (HSE). The Post Office were charged with an
offence under the Health and Safety at Work etc Act 1974 Section 3
(1) for allegedly failing to ensure, so far as was reasonably
practicable, that persons not in its employment were not exposed to
risks to their safety. Also appearing was Grenville George
Varwell Collings of Berrylands, Surbiton, Surrey charged
under the Health and Safety at Work etc Act 1974 Section 37 (1) in
that allegedly an offence by a body corporate was committed with
his consent or connivance or was attributable to any neglect on his
part as managing director of Post Office Property Holdings (POPH).
The Prosecution was brought following an accident where a roofing
contractor fell through a fragile rooflight at the Post Office Road
Transport Workshop in Nova Scotia Street, Birmingham, suffering
serious injuries, on 6 February 2000. The Post Office were fined
£2,500 by the Magistrates and cost of £7,275 were awarded
to the HSE. No evidence was offered on the charge against Mr
Collins.
HSE PROSECUTION - POST OFFICE FOUND GUILTY
In a prosecution brought by the Health & Safety Executive, at Manchester City Magistrates Court on 23 January, the Post Office were found guilty of Health & Safety Offences and fined £2,500 after the floor at the Oldham Street Manchester Sorting Office collapsed under the weight of a mobile elevating work platform, and a sub contractor became trapped against a wall. The Court found that the Post Office had failed to pass on details to the planning supervisor and contractors, and failed to control the movement of mobile elevating working platforms in the workplace. The Post Office pleaded guilty to a breach of the Construction (Design and Management) Regulations 1994, Regulation 11. They were fined £2,500 by the Magistrate, and costs of £823 were awarded to HSE. (Case No. F160000270.)
djoyce@cwu.org National Health, Safety and Environment Officer
To contact the department: healthandsafety@cwu.org
